Nuclear Regulatory Commission v. Texas
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Overview
Overview
The NRC licensed a private company to operate a consolidated interim storage facility for high-level nuclear waste in west Texas, the kind of facility the country has been trying and failing to establish for decades, and Texas tried to challenge that license in federal court without having participated in the NRC's licensing proceeding. The Supreme Court held 6-3 in June 2025 that the Hobbs Act limits judicial review of NRC decisions to parties who actually appeared before the agency, so Texas couldn't walk into court after the fact and re-litigate the outcome. The case is back in the lower courts on remand.
The Issue
Issue
Whether the Hobbs Act's limitation on judicial review of agency decisions prevents a party who did not participate in the NRC's licensing proceeding from challenging that license in federal court.
The Rules
Rule
The Hobbs Act restricts judicial review of NRC decisions to parties who actually appeared before the agency during the licensing proceeding.
The Application
Analysis
Texas challenged the NRC's license for a consolidated interim storage facility for high-level nuclear waste in west Texas without having participated in the NRC's licensing proceeding. Under the Hobbs Act's participation requirement, Texas lacked the standing to bring its challenge.
The Conclusion
Conclusion
The Supreme Court held 6-3 that the Hobbs Act barred Texas from challenging the license because it did not participate in the NRC proceeding. The case is currently on remand to the lower courts.
Summary
The NRC licensed a private company to operate a consolidated interim storage facility for high-level nuclear waste in west Texas, the kind of facility the country has been trying and failing to establish for decades, and Texas tried to challenge that license in federal court without having participated in the NRC's licensing proceeding. The Supreme Court held 6-3 in June 2025 that the Hobbs Act limits judicial review of NRC decisions to parties who actually appeared before the agency, so Texas couldn't walk into court after the fact and re-litigate the outcome. The case is back in the lower courts on remand.
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