In June 2024, Holtec International, along with the U.S. Nuclear Regulatory Commission (NRC) and the Department of Justice, petitioned the U.S. Supreme Court to review a March ruling by the Fifth Circuit Court that vacated Holtec’s license to build a nuclear waste interim storage facility in New Mexico. The Fifth Circuit’s basis to vacate the license is that the NRC lacks the authority to license private interim storage sites like Holtec’s in New Mexico and a similar facility in Texas operated by Interim Storage Partners (ISP). Holtec’s petition to the Supreme Court aims to reverse the lower court’s ruling and allow the construction of the facility in southeastern New Mexico, which would store spent nuclear fuel “temporarily” while awaiting a permanent disposal solution.
Holtec contends that their operations are safe and necessary for managing the nation’s growing stockpile of nuclear waste. These sites and any transport to these sites are not only dangerous but environmentally unjust. New Mexico’s demographic is largely Latino. There are many communities of color, especially in the southern part of the state where the sites are being proposed. These sites present clear examples of environmental racism; people of color would be disproportionately affected if the Holtec/ISP CIS site were licensed and constructed.
For more background information, see:
Keeping a (Nuke)Watchful Eye on Consolidated Interim Storage: No High-Level Waste To New Mexico
Interim Storage Partners first applied for a federal license to build the site back in 2016. The NRC approved and licenced the facility in west Texas in 2021.
Key dates include the petition being docketed on June 27, 2024, and scheduled for the Supreme Court’s conference on September 30, 2024. During this conference, the justices will decide whether the Supreme Court agrees to hear the case (grants certiorari). If it does, oral arguments may be scheduled in late 2024 or early 2025, with a decision expected afterward. The timeline for any Supreme Court ruling could vary, but such cases often take several months for a decision following the grant of certiorari.
UPDATE – OCTOBER 4, 2024: The Supreme Court has granted certiorari, meaning the justices will hear arguments and decide the case.
From Courthouse News Service: “The court is expected to take up the case in its forthcoming term, which begins Monday. Arguments likely will begin next year, with a decision possible by the summer.”
For more information, see also: exchangemonitor.com/fate-of-interim-storage-at-supreme-court-could-be-decided-by-october
