The Supreme Court has rejected Texas’s attempt to sue the federal government over nuclear waste storage in the state.
A majority of the court said that Texas and a business known as Fasken Land and Minerals weren’t entitled to a review of the Nuclear Regulatory Commission’s decision to license a temporary storage facility. The court declined to address the bigger question of whether that type of licensing was allowed under law.
Justice Brett Kavanaugh wrote the majority opinion. Justice Neil Gorsuch dissented and was joined by Justices Samuel Alito and Clarence Thomas.
The U.S. Court of Appeals for the Fifth Circuit handed the state a win when it ruled that two laws—the Nuclear Waste Policy Act and the Atomic Energy Act—did not allow the federal government to license private facilities….