The Supreme Court has dealt a blow to Texas in its legal battle against the federal government over the storage of nuclear waste within the state. In a majority decision, the Court refused to hear Texas and Fasken Land and Minerals’ challenge to the Nuclear Regulatory Commission’s (NRC) approval of a temporary nuclear waste storage facility.

The ruling sidesteps a broader constitutional question regarding the legality of the NRC’s licensing of such private facilities. While the Fifth Circuit Court of Appeals previously sided with Texas, interpreting the Nuclear Waste Policy Act and the Atomic Energy Act as prohibiting federal licensing of private storage, the Supreme Court ultimately disagreed.

Justice Brett Kavanaugh authored the majority opinion, rejecting Texas’s appeal. However, a dissenting opinion, penned by Justice Neil Gorsuch and joined by Justices Samuel Alito and Clarence Thomas, highlights the significant legal implications of the decision.

This Supreme Court ruling marks a significant victory for the federal government’s authority in regulating nuclear waste disposal and throws into question the future of private temporary storage facilities across the United States.