New Mexico v. United States Nuclear Regulatory Commission

ELR Citation: 53 ELR 20027
No(s). 21-9593 (10th Cir. Feb 10, 2023)

The Tenth Circuit dismissed a petition to review NRC's grant of a temporary license for spent nuclear fuel storage near the New Mexico border. New Mexico argued NRC violated NEPA and the Nuclear Waste Policy Act, and acted ultra vires in granting the license. NRC moved to dismiss for lack of jurisdi...