2-02-2025 10:51am

New Mexico DOJ Filed an Amicus Brief in the U.S. Supreme Court to Prevent Storage of Nuclear Waste in Permian Basin

Chris Edwards Editor

The Permian Basin is currently the subject of a major controversy regarding the potential storage of nuclear waste. Holtec International aims to construct a facility in Lea County, New Mexico, capable of storing a vast amount of spent nuclear fuel from power plants across the country. The Permisn Basin is a highly productive oil and gas region; this plan faces significant opposition from local communities and is currently being challenged in court, with the case even now escalating to the Supreme Court.

The New Mexico Department of Justice has filed a joint amicus brief supporting the Fifth Circuit Court of Appeals’ ruling against a license issued by the Nuclear Regulatory Commission (NRC) to Interim Storage Partners, LLC (ISP), which would allow for storage of nuclear waste in Texas near the New Mexico border. The brief reflects the NMDOJ’s continuing efforts to prevent the NRC’s issuance of both the ISP license and a similar license to Holtec International, LLC, which aims to store additional nuclear waste in the Permian Basin in Lea County, New Mexico.

“The hardships that would be endured by New Mexicans in the construction of these nuclear waste storage facilities in and near our state would be monumental,” said Attorney General Raúl Torrez. “We are pleased Michigan has joined forces with us on this effort. We urge the Court to recognize that these facilities pose threats to the health, safety, and wellbeing of our community. States should have a voice in determining whether they will host nuclear waste facilities, and our office is dedicated to fighting against the impact of such waste storage in New Mexico.”

“Protecting the health of residents and safeguarding the environment are fundamental responsibilities of any attorney general,” said Michigan Attorney General Dana Nessel. “Nuclear waste storage facilities can have a significant impact on our communities, and states, on behalf of the people they serve, deserve to have a role in deciding whether to store such material. I am proud to stand with New Mexico in its efforts to prioritize the well-being of its citizens.”

The NRC issued licenses to ISP in 2021 and Holtec in 2023 to construct “temporary” nuclear waste storage facilities just 40 miles apart in Texas and New Mexico, respectively. Texas and other parties appealed the NRC’s licensures to the Fifth Court, which vacated both licenses. The NRC has appealed this decision to the Supreme Court.

The Supreme Court’s decision regarding whether or not to grant the ISP license in NRC v. Texas, No. 23-1300, 23-1312, will be significant for New Mexico as the decision will also determine the fate of the facility in Lea County.

The brief argues that these licenses violate the Nuclear Waste Policy Act, which ensures that a state have a voice in determining whether it will host a nuclear waste repository. Additionally, the brief argues that the Court should consider important state interests such as:

the environmental impacts of these facilities on an area that is already home to several nuclear-related projects and sites
the safety risks of transporting spent nuclear fuel from across the nation
the unfair expectation that local communities will have to bear the expense and risk of training and responding to any accidents at or on the way to the facilities

The design of these facilities indicates that their combined storage capacity for nuclear waste would be 143,680 metric tons of uranium, which is more than the total current national inventory of such waste (96,000). The brief also highlights that without current plans for permanent facilities, Texas and New Mexico are incurring a significant risk that these facilities would become permanent in these communities.

A copy of the brief is included below:

Amici Brief