Supreme Court declines challenge to New Mexico nuclear fuel site
The U.S. Supreme Court has declined to hear a legal challenge to the Nuclear Regulatory Commission’s (NRC) licensing of a proposed interim storage site for spent nuclear fuel in southeast New Mexico, ending the latest judicial effort to block the project at the federal level.
The high court denied a petition for certiorari filed by the anti-nuclear advocacy group Beyond Nuclear, which sought to overturn the NRC’s decision granting a license to Holtec International for its proposed consolidated interim storage facility near Carlsbad, New Mexico. The denial was included in a list of orders released by the Supreme Court on Monday, with no explanation provided — a common practice when the court declines to take up a case.
Federal license remains intact
The decision leaves in place a ruling by the U.S. Court of Appeals for the D.C. Circuit, which previously rejected arguments that the NRC lacked authority to license the facility. Beyond Nuclear had argued the NRC exceeded its statutory powers by approving a private, off-site storage location for spent nuclear fuel away from operating reactor sites.
Holtec’s proposed facility was designed to temporarily store used nuclear fuel from commercial reactors across the country while the federal government continues to search for a permanent disposal solution.
Project paused amid state opposition
Despite the Supreme Court’s action, Holtec has already paused development of the project, citing strong resistance from New Mexico state officials. The company confirmed it halted progress on the site and, in October, terminated its development agreement with the Eddy-Lea Energy Alliance, a regional consortium that had partnered with Holtec to advance the project.
New Mexico Gov. Michelle Lujan Grisham and other state leaders have repeatedly opposed the facility, arguing the state should not become a de facto storage site for the nation’s nuclear waste without federal consent or long-term guarantees.
Broader implications for nuclear policy
The Supreme Court’s refusal to hear the case effectively closes the door on this specific legal challenge, reinforcing the NRC’s authority over nuclear licensing decisions. However, the future of the Holtec facility remains uncertain due to political, regulatory, and logistical hurdles at the state level.
The decision comes amid renewed national debate over nuclear energy’s role in U.S. energy security, long-term waste management, and the absence of a permanent repository for spent nuclear fuel following decades of delays surrounding the Yucca Mountain project.
For now, Holtec’s federal license remains valid — but whether the project moves forward in New Mexico remains unresolved.
SOURCE: Nuclear Newswire
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