核管理委员会诉德克萨斯州案

In 2021, the Nuclear Regulatory Commission (NRC) granted Interim Storage Partners (ISP) a 40-year renewable license to build and operate a private spent nuclear fuel storage facility in West Texas. Texas and Fasken Land and Minerals, a local business, opposed the project but were not admitted as parties to the NRC proceeding—Texas only submitted comments, and Fasken's intervention petition was denied. They challenged the license in the Fifth Circuit, which vacated it, ruling the NRC lacked statutory authority. The Supreme Court reversed in a 6-3 decision authored by Justice Kavanaugh, holding that under the Hobbs Act, only a "party aggrieved" may seek judicial review, and neither Texas nor Fasken qualified because they were not parties to the licensing proceeding. The Court did not decide the underlying merits of NRC's licensing authority.

The Supreme Court reversed the Fifth Circuit's decision and remanded with instructions to deny or dismiss the petitions for review. The Court held that only license applicants or parties that successfully intervened in the NRC proceeding may seek judicial review. Justice Gorsuch filed a dissenting opinion joined by Justices Thomas and Alito.

Whether the Hobbs Act allows nonparties to obtain judicial review of an NRC licensing decision on the ground that the agency acted beyond its statutory authority (ultra vires), and whether the Atomic Energy Act and Nuclear Waste Policy Act authorize the NRC to license private, away-from-reactor spent nuclear fuel storage facilities.

The decision reaffirms procedural limits on challenging agency actions, reducing the risk of late-stage litigation by non-intervenors and enhancing predictability for nuclear licensees and investors. By not deciding the merits, the ruling leaves significant regulatory uncertainty regarding NRC's authority to license private off-site storage facilities. The majority's extensive dicta signaling support for NRC's authority may encourage nuclear industry growth, while the dissent's contrary view underscores ongoing policy debates over nuclear waste management.