Bloomberg Law
Feb. 10, 2023, 7:01 PM

10th Cir. Tosses New Mexico’s Challenge to Nuclear Waste License

Samantha Hawkins
Samantha Hawkins
Legal Reporter

New Mexico lost its challenge to the Nuclear Regulatory Commission’s decision to grant a license to store nuclear waste in the state, after the Tenth Circuit dismissed the state’s petition for review on Friday.

A three-judge panel for the US Court of Appeals for the Tenth Circuit agreed with the federal government that the petition should be dismissed, finding that New Mexico lacked jurisdiction to bring the action under the Hobbs Act and Atomic Energy Act.

New Mexico didn’t participate in the licensing proceeding or qualify as an aggrieved party, Judge Robert E. Bacharach wrote for the three-judge panel. The ...

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