What’s Happening
The Supreme Court is now hearing a case about storing nuclear waste in Texas and New Mexico that should feel familiar to Nevadans. For decades, our state fought against the Yucca Mountain nuclear waste repository, and now our neighbors are facing similar battles.
At the heart of this case is whether the Nuclear Regulatory Commission (NRC) has the legal power to license temporary nuclear waste storage sites in rural areas. The NRC granted licenses for facilities in Texas and New Mexico, but this was challenged in court.
Both the Biden administration and the company licensed for the Texas site have asked the Supreme Court to overturn the 5th Circuit Court’s decision. The appeals court had ruled that the Nuclear Regulatory Commission went too far when it approved the license.
Interestingly, the Trump administration has taken the same position as Biden’s team on this issue. This puts Trump at odds with Texas Governor Greg Abbott, who is normally a Republican supporter of the president.
Why This Matters to Nevada
After successfully pushing back against Yucca Mountain, Nevadans know firsthand the importance of state rights when it comes to nuclear waste. The victory we achieved could be undermined if the federal government wins this case.
The Nuclear Regulatory Commission (NRC) granted licenses for these storage sites, but Texas challenged this in court. The 5th Circuit Court sided with Texas, saying the NRC went beyond its legal authority – a ruling that helps protect Nevada’s position as well.
The Nuclear Waste Problem
Right now, about 100,000 tons of spent nuclear fuel sits at nuclear plants across America. This waste grows by 2,000 tons every year.
The federal government’s original plan was to store all this waste deep underground at Yucca Mountain, just 90 miles northwest of Las Vegas. But that plan was mothballed because of “staunch opposition from most Nevada residents and officials,” according to court documents.
So now the government wants to create storage sites in Texas and New Mexico – though these sites could end up being permanent since there’s no other place for the waste to go.
Surprising Alliances
This issue has created some unusual political friendships that mirror what happened in Nevada. Republicans and Democrats, environmental groups and business interests have joined forces to oppose these waste sites.
Texas Senator Ted Cruz warns that nuclear waste could be an “enticing target for terrorists” – echoing concerns that Nevadans raised about transport routes through Las Vegas.
Even New Mexico’s Democratic Governor Michelle Lujan Grisham opposes the facility planned for her state, much like Nevada governors from both parties opposed Yucca Mountain.
What The Court Will Decide
The Supreme Court must answer two main questions:
First, did Texas and New Mexico wait too long to object? The NRC claims the states should have joined earlier proceedings.
Second, does federal law even allow the NRC to license temporary storage sites? The 5th Circuit said no, citing a 2022 Supreme Court decision that requires Congress to be clear when giving agencies power over major national issues.
Nevada’s Legislative Defense
While the Supreme Court considers the Texas and New Mexico case, Nevada continues its own fight against nuclear waste storage. Several Nevada lawmakers have recently reintroduced legislation aimed at preventing nuclear waste from being stored at Yucca Mountain.
U.S. Senator Catherine Cortez Masto (D-NV) and Senator Jacky Rosen (D-NV) have reintroduced the Nuclear Waste Informed Consent Act in the Senate. Representatives Dina Titus (D-NV-01), Steven Horsford (D-NV-04), and Susie Lee (D-NV-03) introduced matching legislation in the House of Representatives.
The bill would require the Secretary of Energy to get written consent from key stakeholders before moving forward with any nuclear waste repository. These stakeholders include the governor of the host state, affected units of local government, neighboring communities, and affected Tribes.
This approach follows recommendations from the Department of Energy’s 2012 Blue Ribbon Commission on America’s Nuclear Future and its 2017 consent-based siting report. It puts decision-making power back in the hands of those most directly impacted by nuclear waste storage.
What This Means For Nevada
For Nevadans who fought against Yucca Mountain, this case could either strengthen or weaken our position. If the Supreme Court sides with Texas and New Mexico, it reinforces Nevada’s right to reject federal nuclear waste plans.
But if the Court sides with the federal government, it could revive concerns about Yucca Mountain. A ruling expanding federal power could someday be used to override Nevada’s objections once again.
The Court’s decision could reshape how much power federal agencies have over states when it comes to nuclear waste – an issue that has defined Nevada politics for generations.
This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
