Last week, the Supreme Court ruled in favor of the Nuclear Regulatory Commission (NRC) in what had the potential to be a landmark decision concerning the NRC’s authority to license storage of “spent nuclear fuel” (known colloquially as “nuclear waste”). However, instead of reaching the merits of the case, the Court held that the NRC’s challengers had no right to sue to begin with—known as a “jurisdictional” ruling, in legalese.
As PLF’s Will Yeatman explains, these kinds of procedural tricks are “depressingly common” for regulatory agencies seeking to evade legal challenges. On the bright side, the amicus brief PLF filed in support of the State of Texas—addressing only the jurisdiction question, not the merits of the case—was cited in a dissenting opinion by Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito.
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