HOUSTON, June 18 (Xinhua) -- The U.S. Supreme Court on Wednesday ruled that Texas can not challenge a federal approval of a privately-owned temporary nuclear waste storage site, as the state is not a party to the Nuclear Regulatory Commission (NRC)'s licensing proceeding.
The decision reversed a ruling by the federal appeals court in New Orleans that invalidated the license the NRC had granted for the facility in southwest Texas for 40 years, plus a possible 40-year renewal.
As a result, a planned similar facility in New Mexico would be restarted, according to local media reports.
The opinion, authored by Justice Brett Kavanaugh, said that Texas, as well as the Texas-based oil and gas extraction company Fasken Land and Minerals, did not have the right to sue over the license.
"Under the Hobbs Act, only an aggrieved 'party' may obtain judicial review of a Commission licensing decision," Kavanaugh wrote.
"Texas and Fasken are not license applicants, and they did not successfully intervene in the licensing proceeding. So neither was a party eligible to obtain judicial review," the justice wrote.
The NRC said in a statement that the ruling explains why the NRC has this authority. ■