News & Analysis as of

Statutory Interpretation Supreme Court of the United States Nuclear Power

Foley & Lardner LLP

Has SCOTUS Pre-decided Whether the NRC Can License Private Off-Site High-Level Nuclear Waste Storage Facilities?

Foley & Lardner LLP on

On June 18, 2025, the U.S. Supreme Court, in NRC v. Texas, issued an opinion holding that the State of Texas did not have standing to challenge a license granted by the Nuclear Regulatory Commission (NRC) to a private entity,...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Affirms Rules for Challenging Nuclear Regulatory Commission Licenses

In Nuclear Regulatory Commission v. Texas, a 6-3 decision authored by Justice Brett Kavanaugh, the U.S. Supreme Court ruled in favor of Interim Storage Partners, LLC (ISP) and the Nuclear Regulatory Commission (NRC). The case...more

Holland & Knight LLP

U.S. Supreme Court Decides Nuclear Regulatory Commission Procedural Issue

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The U.S. Supreme Court on June 18, 2025, decided Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), which involved challenges to the U.S. Nuclear Regulatory Commission's (NRC or Commission) decision to grant a...more

McGuireWoods LLP

SCOTUS Allows Private Company’s License for Stand-Alone Spent Nuclear Fuel Storage Facility

McGuireWoods LLP on

On June 18, 2025, the U.S. Supreme Court, in Nuclear Regulatory Commission, et al. v. Texas, et al., reinstated a license originally issued by the Nuclear Regulatory Commission (NRC), permitting the storage of depleted...more

Hogan Lovells

Supreme Court decides interim storage case on procedural grounds in NRC v. Texas

Hogan Lovells on

On Wednesday, June 18, 2025, the Supreme Court of the United States issued its opinion in NRC v. Texas to resolve a circuit split over the storage of spent nuclear fuel between the Tenth Circuit, D.C. Circuit, and Fifth...more

Holland & Hart LLP

Supreme Court Clarifies Path for Nuclear License Challenges and NRC Authority

Holland & Hart LLP on

The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

Holland & Knight LLP on

The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Morgan Lewis - Up & Atom

Chevron Overturned: Ruling May Impact Challenges to NRC Actions to a Lesser Extent Than Other Agencies

The US Supreme Court’s recent Loper Bright decision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron...more

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