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Paxton challenges nuclear waste site proposal at Supreme Court

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Thursday, March 6, 2025

Paxton challenges nuclear waste site proposal at Supreme Court

State AG
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Attorney General Ken Paxton | Ballotpedia

Texas Attorney General Ken Paxton's office presented arguments before the Supreme Court of the United States against a plan by the Nuclear Regulatory Commission to establish a nuclear waste facility in Texas's Permian Basin. The basin is known as the world's most productive oil field. Texas Solicitor General Aaron Nielson represented the state in this legal battle.

The controversy stems from a 1987 Congressional decision mandating that spent nuclear fuel be stored securely underground at Yucca Mountain, Nevada. However, the federal government has not adhered to this law and has instead sought to authorize private interim storage projects. This includes approving a facility intended to store thousands of metric tons of spent nuclear fuel above ground in the Permian Basin.

Congress did not authorize such an initiative, raising concerns about transporting hazardous materials through major population centers and transportation hubs like Fort Worth. These movements could expose Texas infrastructure to risks such as accidents or terrorist attacks.

Attorney General Paxton emphasized, "My office argued before the Supreme Court to protect Texas from an illegal plan to send dangerous radioactive materials to the beating heart of America’s energy industry. The Nuclear Regulatory Commission has no lawful authority to irresponsibly dump thousands of metric tons of radioactive nuclear waste on top of the vital oil fields in Texas." He added that "the Commission should follow the law instead of jeopardizing national security, threatening environmental catastrophe, and inviting untold disaster."

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