Fifth Circuit Tosses Texas Nuclear Storage Suit per High Court

The Fifth Circuit dismissed Texas’ challenge to the Nuclear Regulatory Commission’s license issued for a temporary nuclear waste storage facility per a June high court decision.

“The Supreme Court reversed our judgment” and “concluded that we lack jurisdiction to consider the petition for review in this case,” the US Court of Appeals for the Fifth Circuit said in its short opinion Monday.

The high court found that Texas and Fasken Land and Minerals Ltd., which challenged the west Texas project, didn’t have the legal right to go after the license because they weren’t parties to the NRC’s licensing decision.

The ...