Appeals filed en banc to 5th Circuit Court, in favor of Texas dump

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[Image above: Opponents to ISP’s CISF at WCS, TX speak out at NRC environmental public comment meeting in Feb., 2017 in Andrews, TX.]

NRC and DOJ, as well as ISP, have filed petitions en banc, asking the full roster of judges at the 5th U.S. Circuit Court of Appeals in New Orleans to overrule a ruling on August 25th by a three-judge panel. The ruling, in favor of the State of Texas and Fasken Land and Minerals, Ltd./Permian Basin Land and Royalty Owners, nullified the NRC license to construct and operate the Interim Storage Partners, LLC consolidated interim storage facility for highly radioactive irradiated nuclear fuel, and Greater-Than-Class-C “low” level radioactive waste. The dump is targeted at Andrews County, Texas, immediately adjacent to the Waste Control Specialists, LLC national “low-level” radioactive waste dump. ISP’s CISF is located above the Ogallala Aquifer, 0.3 miles east of the New Mexico state line, just several miles from Eunice, NM, and just 40-some miles from a very similar, albeit larger (173,600 metric tons, versus 40,000 MT at ISP) CISF, Holtec’s in southeastern NM.

See the filings made on October 24, en banc to the 5th Circuit:

NRC/DOJ filing;

ISP’s filing;

NRC’s motion to stay the 5th Circuit Court of Appeals’ three-judge panel’s August 25, 2023 ruling.




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