In argument before the U.S. Supreme Court on March 5, 2025, Kanner & Whiteley and co-counsel represented Fasken Land and Minerals Ltd.’s and Texas’s challenges to the Nuclear Regulatory Commission’s (“NRC”) authority to issue a license for a consolidated interim away-from-reactor storage facility (“CISF”) for spent nuclear fuel, which remains radioactive and poses health risks for thousands of years, to be located in the middle of the Permian Basin. Fasken argued that the NRC lacked the requisite authority under the Atomic Energy Act and the Nuclear Waste Policy Act further prohibited the CISF license to Interim Storage Partners, LLC, noting the real possibility of the “temporary” CISF becoming de facto permanent storage in the absence of a permanent repository. Additional information may be found on the docket and in the transcript.
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Phone: (504) 524-5777 | Fax: (504) 524-5763