ANDREWS, Texas — The fight to keep high-level nuclear waste out of the Permian Basin is officially headed to the United States Supreme Court.
The State of Texas is taking on a couple of parties, including the Nuclear Regulatory Commission (NRC).
The U.S. Fifth Circuit Court of Appeals voided two licenses in 2023 that would have allowed the waste.
The NRC and Interim Storage Partners (ISP) – a party that includes Waste Control Specialists in Andrews -- appealed to the U.S. Supreme Court and oral arguments will be heard.
“Spent nuclear fuel...it’s among the most deadly, most radioactive material on the planet," said Monica Perales, Counsel for Fasken Oil and Ranch.
The legal battle continues between Texas and high-level nuclear waste.
“They want to transport it, put it all together, consolidate it and transport it, and store all of it here," Perales said.
Interim Storage Partners is seeking a license for a consolidated interim storage facility.
ISP said the design includes robust above-ground modules constructed of thick reinforced concrete and offers superior high-shielding properties.
Perales has been heavily involved in the fight against high-level nuclear waste and sees the Major Questions Doctrine as an argument in the case.
“We believe that because the food, fuel and fiber of America comes from this region, then yes, this falls under the Major Questions Doctrine," Perales said. "Putting all of America’s nuclear waste in the Permian Basin is of such economic and political consequence that that’s something that Congress should decide.”
Another argument is Texas House Bill 7 that was signed into law in 2021 and authored by State Representative Brooks Landgraf of District 81 from Odessa (R).
“Under the 10th amendment of the Unites States Constitution, any power that’s not specifically delegated to the federal government in the Constitution is reserved by the states or by the people," Landgraf said. "And when the State of Texas as a sovereign state has passed a law saying that we are not going to be the dumping ground for high-level radioactive waste, since the constitution doesn’t grant that authority specifically to the federal government, I think the sovereignty of the State of Texas should be respected and hopefully that’s one argument that prevails at the Supreme Court.”
As the legal battle trudges forward, protecting the Permian and beyond remains the goal for the State of Texas as it goes to Washington D.C.
“We may seem insignificant on a map, but we are very significant to the nation as far as the economic security and national security," Perales said.
Perales added that she expects oral arguments to be held in January or February, with a decision from the Supreme Court coming over the summer.
NewsWest 9 sat down with Representative Landgraf to discuss the Supreme Court deciding to hear the case. The full interview can be watched by clicking here.