ELR Citation: 53 ELR 20141
No(s). 21-60743 (5th Cir. Aug 25, 2023)

The Fifth Circuit granted oil and gas interest groups' and the state of Texas' petition to review NRC's issuance of a license to a private company to operate a temporary storage facility for spent nuclear fuel on the Permian Basin. Petitioners argued, among other things, that NRC lacked statutory authority to license the facility and violated NEPA and the APA by allowing a licensing condition that violated the Nuclear Waste Policy Act. The court found the Atomic Energy Act did not authorize the Commission to license a private, away-from-reactor storage facility for spent fuel, and that issuing the license contradicted congressional policy expressed in the Nuclear Waste Policy Act. It granted the petition for review and vacated the license.