State of Texas v. ISP CISF

On December 15, 2023, the State of Texas filed its RESPONSE TO PETITIONS FOR REHEARING EN BANC, opposing the U.S. Nuclear Regulatory Commission, the U.S. Justice Department, and Interim Storage Partners, LLC’s appeal on banc to the 5th Circuit U.S. Court of Appeals in New Orleans, Louisiana.

NRC, DOJ, and ISP appealed en banc (that is, to the full roster of the 5th Circuit Court) a ruling issued by one of its three-judge panels in August 2023. That ruling vacated NRC’s license to ISP to construct and operate a consolidated interim storage facility (CISF) for up to 40,000 metric tons of highly radioactive commercial irradiated nuclear fuel, and Greater-Than-Class-C “low-level” radioactive waste. This is just under half the amount that currently exists in the United States.

As indicated in the title of the federal appeal, Fasken Land and Minerals, Ltd. (as well as the Permian Basin Land and Royalty Owners) joined the State of Texas in opposing ISP’s CISF before the 5th Circuit. Fasken and PBLRO also oppose the en banc appeal.

Beyond Nuclear, as well as Don’t Waste Michigan (a multi-group, national grassroots coalition), and Sierra Club, also oppose ISP’s CISF. Along with Fasken/PBLRO, this environmental coalition brought federal appeals against NRC’s license approval for ISP’s CISF, before the U.S. Court of Appeals for the District of Columbia Circuit. Those appeals were all ruled against in January 2023 by a three-judge panel of the D.C. Circuit Court.