High Court Nuclear Waste Case May Shape Federal Agency Suits

The US Supreme Court’s dive Wednesday into the seemingly straightforward question of who can challenge an agency decision on storing highly radioactive nuclear waste could have significant implications for federal regulatory power.

The justices heard oral arguments in a case over whether Texas and companies that own land in the oil-rich Permian Basin had the right to challenge the license approval for nuclear waste storage. Their decision will directly apply to the Nuclear Regulatory Commission, but it will “apply equally” to other agencies covered by the Hobbs Act, such as the Federal Communications Commission, said Kevin King, a partner at ...