ANDREWS, Texas — Nuclear waste storage in the Permian Basin is again in the spotlight. On Wednesday, Waste Control Specialists in Andrews appealed a lawsuit that denies them from storing high-level nuclear waste.
An attorney with the Permian Basin Coalition told NewsWest 9 that WCS and Orano -- a division of the French government -- formed a joint venture called Interim Storage Partners.
The case will now go to the U.S. Supreme Court, while a separate legal battle is also potentially on the horizon.
“It’s a threat to our health, our safety, our livelihood," said Monica Perales, a member of the legal team for the Permian Basin Coalition of Land and Royalty Owners.
High-level nuclear waste would come through West Texas communities by freight and rail. Efforts continue by the PBC to prevent that.
“This area does not qualify for the siting of this nuclear waste of this spent nuclear fuel and the greater-than-class-C, but they’re trying to force it on us and that’s why we’ve been pushing back," Perales said.
Now, the case is going to the highest court in the land as Interim Storage Partners, LLC v. State of Texas; Greg Abbott, Governor of the State of Texas; Texas Commission on Environmental Quality; Fasken Land and Minerals, Limited; Permian Basin Land and Royalty Owners.
“The U.S. Supreme Court has the option of accepting the case and hearing the case or rejecting it," Perales said. "If they reject it then it stands as is – the licenses are vacated – but if they accept it then we’re going to continue fighting them and we’ll be ready.”
As this case moves forward, another path of high-level nuclear waste support might be coming from the federal government through a new draft of rules.
“We anticipate that they are going to go ahead and allow for shallow disposal of greater-than-class-c waste," Perales said. "We’re opposed to that because that is more than Andrews ever bargained for.”
Shallow burial disposal is what the WCS Andrews site currently does for low-level A, B and C class nuclear waste.
If approved, Perales said WCS is looking to expand their type of waste disposal to include greater than class C.
That kind of waste has only ever been allowed as deep geological disposal.
Perales added that Governor Abbott sent a letter on May 17 standing firm against those potential rule changes and their impact. He wrote that TCEQ should reiterate its comment to NRC and that Texas justifiably reserves the right to regulate disposal of GTCC waste in a facility licensed in the state.
If those rules change, the PBC plans to fight to prevent it from happening.
“We will look to the governor and to the attorney general to protect our interests," Perales said.
NewsWest 9 reached out to WCS in Andrews but did not hear back on their decision to appeal the case.
Perales told NewsWest 9 that they have already spoken to the Texas attorney general and will be coordinating their position.
Holtec in New Mexico is another waste facility that had their license vacated by a case against the PBC. Their last day to appeal is June 25.
For the WCS' full appeal, read below: