Sen. Cruz Files Amicus Brief in State Sovereignty Energy Case

WASHINGTON, D.C. - U.S. Sen. Ted Cruz (R-Texas) filed an amicus brief supporting the State of Texas in the upcoming U.S. Supreme Court cases of NRC v. Texas and ISP v. Texas. The cases before the Court involve the Nuclear Regulatory Commission's (NRC) authority to license a consolidated interim storage facility for spent nuclear fuel in Andrews County, Texas, a decision challenged by the state of Texas and Governor Abbott. The nuclear fuel facility will be located directly on top of the Permian Basin, which stretches across Southwest Texas and Southeast New Mexico.

Upon filing the amicus brief, Sen. Cruz said, "The Permian Basin is our nation's leading oil and gas-producing region and a critical pillar of America's energy security.

"I support Attorney General Ken Paxton in opposing the NRC's federal overreach and will keep fighting to ensure West Texas remains the energy powerhouse it is today."

Sen. Cruz was joined by Sen. John Cornyn, Reps. Jody Arrington (R-Texas-19), Henry Cuellar (D-Texas-28), August Pfluger (R-Texas-11), and Ronny Jackson (R-Texas-13) in filing the amicus brief.

Read the amicus brief for NRC vs. Texas and ISP v. Texas here.

BACKGROUND

The NRC issued a license to ISP to construct and operate an interim storage facility designed to hold up to 5,000 metric tons of spent nuclear fuel and high-level radioactive waste. The facility would temporarily store the waste from various nuclear reactors across the United States. Texas argues that the NRC's actions exceed its statutory authority under federal law, specifically the Nuclear Waste Policy Act (NWPA) of 1982, which governs the disposal of spent nuclear fuel and prioritizes permanent geologic repositories over temporary facilities.

The Court's review of the case will address fundamental questions about the scope of the NRC's authority and the balance of power between state and federal governments. This decision will have far-reaching implications in balancing power between states and federal agencies in regulating hazardous materials.

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