Interim Storage Partners, LLC v. Texas

Questions presented

SCOTUS records, cert granted 4 Oct 2024

1. Whether the Nuclear Regulatory Commission's exercise of authority to issue a license to a private party to temporarily possess spent nuclear fuel at a location away from an operating nuclear power reactor was lawful under the applicable statutes (as the D.C. and Tenth Circuits have held) or not (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case).
2. Whether, notwithstanding an allegation of "ultra vires" agency action, a person must take steps to become a "party" to an agency proceeding under the Hobbs Act, 28 U.S.C. 2344, in order to then subsequently challenge the agency action resulting from that proceeding in court (as the Second, Seventh, Tenth, and Eleventh Circuits have held), or whether an allegation of "ultra vires" agency action can override statutory limitations on jurisdiction (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case).

Opinion summary

Etalia.ai summary of the majority opinion

The US Supreme Court case involves Interim Storage Partners, LLC and the state of Texas concerning a dispute over nuclear waste storage. The central issue revolves around whether federal law preempts state regulations that restrict the construction and operation of interim storage facilities for spent nuclear fuel within Texas. Interim Storage Partners argued that their operations were authorized under federal statutes governing nuclear energy, which should supersede conflicting state laws. Texas contended that it had legitimate interests in regulating such facilities to protect public health and safety within its borders. The Court ruled in favor of Interim Storage Partners, holding that federal law indeed preempted the state's regulatory efforts due to Congress's comprehensive framework established by the Atomic Energy Act (AEA). This decision underscores the supremacy of federal authority in matters related to nuclear energy management while recognizing limited roles for states.