US Supreme Court to consider nuclear waste storage dispute
WASHINGTON, March 5 (Reuters) - The U.S. Supreme Court is set on Wednesday to consider whether the Nuclear Regulatory Commission has the authority to license nuclear waste storage facilities amid objections brought by the states of Texas and New Mexico as well as the oil industry.
The U.S. government and a company that was awarded a license by the NRC, the federal agency that regulates nuclear energy in the United States, to operate a facility in western Texas have appealed a lower court's ruling declaring this storage arrangement unlawful.
The Supreme Court, which has a 6-3 conservative majority, showed skepticism toward the authority of federal regulatory agencies in several major rulings during former President Joe Biden 's administration. The NRC case is being argued at a time when President Donald Trump 's administration has taken aim at various federal agencies in his campaign to downsize and overhaul the U.S. government and fire thousands of workers.
The NRC issued a license in 2021 to Interim Storage Partners to build a nuclear waste storage facility in Andrews County in Texas, near the New Mexico border. The NRC has issued such licenses to private companies since 1980.
A proposal to permanently store the nation's spent nuclear fuel at a federal facility at Yucca Mountain in Nevada has been stalled following decades of opposition in that state.
The Interim Storage Partners license was challenged by Fasken Land and Minerals, a Texas-based oil and gas extraction organization, and the nonprofit Permian Basin Coalition of Land and Royalty Owners and Operators. Texas and New Mexico later joined the challenge, arguing the facility posed environmental risks to the states.
The New Orleans-based 5th U.S. Circuit Court of Appeals found that the NRC lacked authority to issue the license based on a law called the Atomic Energy Act of 1954. Biden's administration appealed the ruling at the Supreme Court and Trump's administration continued the appeal.
Biden's Solicitor General Elizabeth Prelogar argued in a December brief that the 5th Circuit ruling would "entirely gut" the Atomic Energy Act because nuclear power plants cannot operate without creating spent fuel that must be stored somewhere.
The Trump administration's acting Solicitor General Sarah Harris told the justices in February that the 5th Circuit decision could "deprive the commission of authority to license the private storage of spent nuclear fuel in any location" and "grind the operations of nuclear reactors to a halt."
The U.S. government also argues that the plaintiffs lacked authority to bring the lawsuit because they failed to participate in the agency's adjudication process.
Texas and New Mexico said the NRC had no authority to issue the license, and that Congress "has already legislated a solution to the nation's nuclear-waste problem: permanent storage in Yucca Mountain."
A ruling in the case is expected by the end of June.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
NBC News
34 minutes ago
- NBC News
S&P 500 rises to another record to wrap up second-quarter comeback
Stocks rose on Monday as traders closed out a stunning month with even more record highs. The S&P 500 gained 0.52% and posted another record close, ending at 6,204.95. The Nasdaq Composite advanced 0.47% and also reached fresh all-time highs, closing at 20,369.73. The Dow Jones Industrial Average climbed 275.50 points, or 0.63%, settling at 44,094.77. Monday's rise follows Canada rescinding its digital service tax in an effort to facilitate trade negotiations with the U.S. That's after President Donald Trump on Friday said the U.S. was ' terminating ALL discussions on Trade with Canada.' Initial payments on the tax were set to begin Monday and would have applied to companies such as Google, Meta and Amazon. Investors are awaiting the announcement of any trade deals between the U.S. and its trading partners, as Trump's 90-day tariff reprieve is set to expire next week. On Monday, Treasury Secretary Scott Bessent said there are ' countries that are negotiating in good faith.' However, he added that 'if we can't get across the line because they are being recalcitrant,' tariffs could still 'spring back' to the levels announced on April 2. Deals on that front could be finalized once Trump's ' one, big, beautiful' bill passes, National Economic Council Director Kevin Hassett said on CNBC's ' Squawk on the Street ' Monday. The package narrowly passed a key procedural vote in the Senate on Saturday night. If passed by the Senate, it faces an uncertain path in the House, where some GOP lawmakers have balked at revisions in the latest version of the bill. While the looming tariff deadline and tax bill could help spur volatility in the remainder of 2025, equity fundamentals and improving market breadth, among other factors, could mean that the recent momentum will continue, according to Terry Sandven of U.S. Bank Wealth Management. 'The wall of worry is crumbling as stocks reach all-time highs,' said the chief equity strategist, whose year-end target of 6,325 implies nearly 2% upside in the S&P 500 from Monday's close. 'Inflation is stable, interest rates are range-bound and earnings are trending higher. That's a favorable backdrop for stocks to continue to forge higher as we begin the second half.' Monday marked the last day of June, a month in which the major averages have staged a sharp recovery back to record levels. The S&P 500 rose nearly 5% in the month, while the tech-heavy Nasdaq jumped more than 6%. The Dow added more than 4% in June. Prior to the S&P 500 and Nasdaq hitting all-time highs Friday, global trade and tariff tensions rocked the market, putting the broad market index within striking distance of a bear market in early April. All three major averages finished the second quarter with solid gains, with the S&P 500 adding more than 10%, the Nasdaq rising nearly 18% and the Dow popping almost 5%.
NBC News
an hour ago
- NBC News
Here's what's in the Senate's version of the 'big, beautiful bill'
WASHINGTON — President Donald Trump's sweeping domestic policy package that's moving through the Senate would affect virtually every American, overhauling tax, health care and energy policy. It renews the tax cuts Trump signed into law in his first term and pays for them in part with steep cuts to Medicaid, food aid programs and clean energy funding. But the sprawling package — which is likely to face substantial changes before a final vote in the Senate — also touches on a range of other policy issues, from artificial intelligence and space exploration to immigration. According to the latest projection from the nonpartisan Congressional Budget Office, over the next 10 years, the legislation would cause revenues to decrease by about $4.5 trillion while cutting spending by $1.2 trillion, increasing the national debt by $3.3 trillion. Here's what's in the current version of the bill. All cost and savings estimates are from the new CBO analysis and cover a 10-year period. Tax cuts What it would do: Republicans are seeking to permanently extend the tax rates Trump signed into law in 2017, which are set to expire at the end of the year. Projected cost: $4 trillion. State and local tax deduction (SALT) What it would do: This provision, demanded by House Republicans who hail from high-tax blue states, would allow Americans to deduct up to $40,000 per year for five years from their federal taxes. The SALT deduction will phase out once an individual's annual income hits $500,000. As part of the compromise with Senate Republicans, the cap will go back to $10,000 per year after five years. Projected cost: $142 billion, according to Senate Budget Committee staff. No tax on tips, overtime and car loans What it would do: The bill would exempt tips and overtime pay from federal income taxes, fulfilling two of Trump's campaign promises. It would also allow taxpayers to deduct up to $10,000 of auto loan interest for U.S.-made vehicles. The bill also features a temporary tax break of $6,000 for seniors that phases down as income increases. Projected cost: $150 billion. Child tax credit What it would do: Senate Republicans want to permanently increase the annual child tax credit to $2,200. House Republicans have proposed bumping it to $2,500 but scaling back to $2,000 after 2028. Projected cost: Estimates vary, but it would likely cost hundreds of billions of dollars. Immigration enforcement What it would do: The package provides Customs and Border Patrol with $46.5 billion in funding to build the border wall and associated infrastructure, like access roads, cameras, lights and sensors. The package also includes $2 billion for the Department of Homeland Security and $29.9 billion for Immigration and Custom Enforcement. Projected cost: Around $150 billion. Military funding increase What it would do: The bill includes $25 billion for a " Golden Dome" missile defense system, $29 billion for shipbuilding, and $15 billion for nuclear deterrence, among other provisions. Projected cost: $153 billion. Medicaid cuts What it would do: Republicans targeted the Medicaid program that 72 million Americans rely on for health coverage by instituting work requirements of 80 hours per month for able-bodied adults under age 65, with exceptions including for parents of children under 14. The Senate goes further than the House did on restricting state-levied fees on health care providers that are primarily used to fund Medicaid, especially in underserved communities. Under this new change, the federal government would not be on the hook to reimburse states and it would require many states to lower their existing rates. This would also affect the 41 states that voted to expand Medicaid under the Affordable Care Act. Projected savings: $930 billion. Medicare and Affordable Care Act cuts What it would do: The 'waste, fraud and abuse' Republicans say they targeted in Medicaid affected other health care safety net programs like Medicare and the Affordable Care Act. Projected savings: $170 billion. SNAP benefit cuts What it would do: Republicans are instituting more work requirements for Americans who rely on the Supplemental Nutrition Assistance Program (SNAP), or food stamps. Able-bodied adults under age 65 would be required to work 80 hours per month with exceptions for those with children under the age of 10. Projected savings: $285 billion. Rollback of clean energy tax credits What it would do: The bill would roll back tax credits under the Inflation Reduction Act that then-President Biden signed into law, including for clean vehicles and electricity. That includes a last-minute total repeal of federal subsidies to wind and solar industries unless the projects are placed in service before the end of 2027. An additional tax is phased in depending upon how much of the products are manufactured in China. The Senate's bill went even further than the version the House passed, despite complaints from some Republicans. They also added a new tax incentive for coal production. Projected savings: $488 billion. Artificial intelligence What it would do: The bill would effectively bar states from making their own rules for artificial intelligence for five years as a condition for receiving federal broadband expansion funds. Republicans were split on this provision, and Sen. Marsha Blackburn, of Tennessee, negotiated with Sen. Ted Cruz, of Texas, to bring the 'temporary pause' down from the 10 years. It also includes a carveout for laws related to unfair or deceptive acts or practices, child online safety, child sexual abuse material, rights of publicity, protection of a person's name, image, voice or likeness. Projected cost: The provision adds $25 million to an existing $500 million bucket for AI deployment. Space program funding What it would do: The bill includes a grab bag of funds for space programs, including $10 billion for Mars mission priorities, $325 million to held de-orbit the International Space Station, and $85 million to take the space shuttle from the Dulles Air and Space museum and transport it to Texas. Projected cost: $10 billion for Mars; $325 million for space station de-orbiting; and $85 million for the space shuttle move. Private college endowment tax What it would do: The legislation would put in place a new excise tax on investment income from endowments for colleges with more than 3,000 students: 8% for the wealthiest colleges, and 4% and 1.4% for colleges with smaller endowments. Projected savings: $761 million. Defunding Planned Parenthood What it would do: The legislation cuts off Medicaid funding for entities that provide abortions (except in rare cases like rape and incest), seeking to fulfill a longstanding conservative goal of defunding Planned Parenthood. Debt ceiling hike The package includes a $5 trillion increase in the debt ceiling, which is more than the $4 trillion included in the House-passed package.
The Independent
an hour ago
- The Independent
Federal judge seeks clarity on whether birthright citizenship order means babies could be deported
A federal judge on Monday questioned when the Trump administration will try to enforce its birthright citizenship executive order and asked if the government would attempt to deport U.S.-born children of people who are in the country illegally or temporarily before restrictions on birthright citizenship might take effect in late July. Justice Department attorney Brad Rosenberg told U.S. District Judge Deborah Boardman that the administration doesn't intend to deport any children covered by President Donald Trump 's executive while the Supreme Court has suspended its enforcement for 30 days. He called it a "hypothetical" question. The judge gave Rosenberg until Tuesday to submit a written summary of what the administration believes it 'can and can't do' after last Friday's Supreme Court ruling. She asked if the government would be 'seeking to deport babies' before July 26. The judge said her question referred to children who were born after Feb. 19 and are covered by Trump's executive order but aren't plaintiffs in litigation challenging the order. 'No," Rosenberg said. "I just want to be clear. I am responding to the court's characterization of what it believes the United States might do after 30 days from the date of the Supreme Court's decision. But, again, I would note that (federal agencies) have all been tasked with developing guidelines for implementation of the executive order. So I view that as a hypothetical.' 'I take the government at its word that the United States does not intend to do that and it is not doing that," Boardman said. Plaintiffs' attorney William Powell said their clients are experiencing "incredible stress, anxiety and fear" after the Supreme Court's decision. 'They're not lawyers. It is confusing to them exactly what these things mean,' Powell told the judge. 'We can't really assure them, 'Oh, no, the order is fully blocked,' because it's not.' Powell said deportation isn't the only 'irreparable harm' that plaintiffs' attorneys are concerned about. 'We're obviously also concerned about other potential ways in which the (executive) order could be enforced to deprive newborns of potential rights,' he said. Boardman, who sits in Greenbelt, Maryland, isn't the only district court judge grappling with how to tailor their orders to comply with the Supreme Court decision written by Justice Amy Coney Barrett. Judges in Massachusetts and Washington state have issued a a separate orders on birthright citizenship, as has a judge in New Hampshire, though that order applied more narrowly and wasn't nationwide. New Jersey Attorney General Matt Platkin, who along with other states and cities brought a case in Massachusetts federal court, said in a letter Monday he was seeking a hearing on whether a nationwide order blocking the president is warranted. Platkin said the nationwide injunction in New Jersey's case doesn't run afoul of the Supreme Court's recent opinion but added the high court offered 'alternative forms of relief' while leaving debate over what those could be to lower courts. The high court's majority ruled that federal judges lack the authority to grant nationwide injunctions, but the decision left unclear whether Trump's executive order on birthright citizenship could soon take effect in parts of the country. Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution's 14th Amendment. The U.S. is among about 30 countries where birthright citizenship is applied. Trump and his supporters have argued that there should be tougher standards for becoming an American citizen. ___
