Nuclear Regulatory Commission v. Texas
U.S. Supreme Court · decided June 18, 2025 · Supreme Court Database (Spaeth)
- Decided
- June 18, 2025
- Term
- October Term 2024
- Vote
- 6–3
- Majority author
- Justice Kavanaugh
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2024 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus NUCLEAR REGULATORY COMMISSION ET AL. v. TEXAS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 23–1300. Argued March 5, 2025—Decided June 18, 2025* The Atomic Energy Act of 1954 generally prohibits the private possession of nuclear materials, including spent nuclear fuel, without a license. The Nuclear Regulatory Commission may license the possession of nu- clear materials, subject to statutory and procedural requirements. 42 U. S. C. §§2073(a), 2092–2093(a), 2111(a), 2231, 2239. Here, Interim Storage Partners (ISP) applied for a license to build a facility in West Texas to store spent nuclear fuel. During ISP’s licensing proceeding, a Texas government agency submitted comments, including comments on a draft environmental impact statement (EIS) prepared by the Commission for the proposed facility. Fasken Land and Minerals, a private West Texas business, similarly submitted comments, and it also…
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