U.S. Senator Ted Cruz has filed an amicus brief in support of Texas in two upcoming U.S. Supreme Court cases, NRC v. Texas and ISP v. Texas. These cases challenge the Nuclear Regulatory Commission’s (NRC) authority to license a consolidated interim storage facility for spent nuclear fuel in Andrews County, Texas. The proposed site is located on the Permian Basin, a major oil and gas-producing region.
Senator Cruz stated, “The Permian Basin is our nation’s leading oil and gas-producing region and a critical pillar of America’s energy security.” He further expressed his support for Attorney General Ken Paxton’s opposition to what he termed as “the NRC’s federal overreach,” emphasizing his commitment to maintaining West Texas as an energy leader.
Joining Senator Cruz in filing the amicus brief were Senator John Cornyn and Representatives Jody Arrington, Henry Cuellar, August Pfluger, and Ronny Jackson.
The NRC had issued a license to Interim Storage Partners (ISP) to build and operate a facility capable of holding up to 5,000 metric tons of spent nuclear fuel and high-level radioactive waste from various reactors across the country. The state of Texas contends that this action exceeds the NRC’s statutory authority under federal law, particularly the Nuclear Waste Policy Act (NWPA) of 1982. This act governs nuclear waste disposal with an emphasis on permanent geologic repositories rather than temporary facilities.
The Supreme Court’s review will focus on fundamental questions regarding the extent of the NRC’s authority and how power is distributed between state and federal governments in regulating hazardous materials.
