The U.S. Supreme Court has cleared the way for temporary nuclear waste storage facilities in Texas, including one in Andrews County, by reversing a Fifth Circuit ruling in a 6 to 3 decision on June 18. The high court said the State of Texas and other challengers lacked legal standing to contest the Nuclear Regulatory Commission’s 2021 license, effectively reviving plans by Interim Storage Partners to build and operate a temporary site for spent nuclear fuel for up to 40 years.
While the ruling focused on procedural issues, Justice Brett Kavanaugh’s majority opinion indicated that federal law supports the NRC’s authority to approve off-site storage. Opponents, including Texas Governor Greg Abbott and New Mexico Governor Michelle Lujan Grisham, argue the decision essentially forces their communities to serve as long-term holding areas for radioactive waste in the absence of a permanent federal repository.
In North Texas, residents and city officials in Fort Worth are sounding alarms about the potential risks posed by rail shipments of nuclear waste through densely populated areas. In previous filings, Fort Worth warned of a possible “catastrophic incident” if rail cars carrying spent fuel pass through the city, citing concerns about accidents, security vulnerabilities, and a lack of clear transport planning.
Some train routes could bring radioactive cargo within a half-mile of downtown landmarks, hospitals, schools, and major public gathering spaces. The city has called for comprehensive environmental studies, federal oversight, and full disclosure of routing plans before any shipments are allowed to move.
With the Supreme Court's ruling now in place, the Andrews County facility is likely to proceed. Nuclear waste shipments could begin arriving by rail as regulatory hurdles fall, potentially putting Fort Worth directly in the path of radioactive transport. City and state leaders are exploring options to delay or challenge future shipments until safety and routing issues are fully addressed.
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