Press Releases

WASHINGTON, D.C. – House Budget Chairman Jodey Arrington (R-TX) and Senator Ted Cruz (R-TX) filed an amicus brief supporting the State of Texas in the upcoming U.S. Supreme Court cases of NRC v. Texas and ISP v. Texas. The cases before the Court involve the Nuclear Regulatory Commission’s (NRC) authority to license a consolidated interim storage facility for spent nuclear fuel in Andrews County, Texas, a decision challenged by the state of Texas and Governor Abbott. The facility that plans on storing the most dangerous form of nuclear waste is located directly within the Permian Basin, which stretches across West Texas and Southeast New Mexico.

“Energy independence is national security, which is why I support the scale up of all reliable and economical energy sources, including nuclear, to meet our rising energy demand,” said Chairman Arrington. “However, I will not allow Washington to impose its will on West Texas regarding the temporary disposal of high-level nuclear waste simply because the Nuclear Regulatory Commission can’t - or won’t - finalize permanent storage elsewhere. The State of Texas and the people of Andrews should make this decision, not some nameless, faceless bureaucrat in Washington, DC. I'm proud to work alongside Senator Cruz in leading an amicus brief in support of the State of Texas’ sovereign right to say no to the feds, which would force the NRC to finalize a more responsible and permanent storage location.”

“The Permian Basin is our nation’s leading oil and gas-producing region and a critical pillar of America’s energy security,” said Senator Cruz. “I support Attorney General Ken Paxton in opposing the NRC’s federal overreach and will keep fighting to ensure West Texas remains the energy powerhouse it is today.”

Read the amicus brief for NRC vs. Texas and ISP v. Texas here.

Background:

The NRC issued a license to ISP to construct and operate an interim storage facility designed to hold up to 5,000 metric tons of spent nuclear fuel and high-level radioactive waste. The facility would temporarily store the waste from various nuclear reactors across the United States. Texas argues that the NRC’s actions exceed its statutory authority under federal law, specifically the Nuclear Waste Policy Act (NWPA) of 1982, which governs the disposal of spent nuclear fuel and prioritizes permanent geologic repositories over temporary facilities.

The Court’s review of the case will address fundamental questions about the scope of the NRC’s authority and the balance of power between state and federal governments. This decision will have far-reaching implications in balancing power between states and federal agencies in regulating hazardous materials.

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