WASHINGTON — The Supreme Court on Wednesday restarted plans to temporarily store nuclear waste at sites in rural Texas and New Mexico, even as the nation is at an impasse over a permanent solution.
The justices, by a 6-3 vote, reversed a federal appeals court ruling that invalidated the license granted by the Nuclear Regulatory Commission to a private company for the facility in southwest Texas. The outcome should also reinvigorate plans for a similar facility in New Mexico roughly 40 miles (65 kilometers) away.
The federal appeals court in New Orleans had ruled in favor of the opponents of the facilities.
The licenses would allow the companies to operate the facilities for 40 years, with the possibility of a 40-year renewal.
The court's decision is not a final ruling in favor of the licenses, but it removes a major roadblock. Justice Brett Kavanaugh's majority opinion focused on technical procedural rules in concluding that Texas and a major landowner in southwest Texas forfeited their right to challenge the NRC licensing decision in federal court.
The justices did not rule on a more substantive issue: whether federal law allows the commission to license temporary storage sites. But Kavanaugh wrote that ''history and precedent offer significant support for the commission's longstanding interpretation'' that it can do so.
Justice Neil Gorsuch wrote in dissent that the NRC's ''decision was unlawful'' because spent nuclear fuel can be temporarily stored in only two places under federal law, at a nuclear reactor or at a federally owned facility. Justices Samuel Alito and Clarence Thomas signed on to the dissenting opinion.
Roughly 100,000 tons (90,000 metric tons) of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons (1,800 metric tons) a year. The waste was meant to be kept there temporarily before being deposited deep underground.
