FIRST ON FOX: Sen. Ted Cruz, R-Texas, is leading a bipartisan amicus brief urging the Supreme Court to validate a lower court ruling preventing nuclear waste from being deposited in his state.
Cruz, along with Sen. John Cornyn, R-Texas, and Rep. Jodey Arrington, R-Texas, wants the top court to uphold a lower court ruling that the Nuclear Regulatory Commission (NRC) lacks authority to license nuclear waste storage facilities.
They argue the proposed location of the nuclear waste sites poses “an enormous threat to the country’s security and economic well-being.”
The case, NRC v. Texas, will decide “whether the Commission has authority to issue the license under the Atomic Energy Act of 1954 or the Nuclear Waste Policy Act of 1982.”
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The Supreme Court in October agreed to take up the case after the Biden administration appealed a Fifth Circuit decision holding that the NRC lacked authority to license nuclear waste storage facilities. The license, which was granted to the Biden administration and a company to build a waste storage facility in western Texas, was challenged by Texas and New Mexico.
Interim Storage Partners planned on operating the nuclear storage facility in Andrews County, Texas, a decision that spurred backlash because of the facility’s location within the Permian Basin.
“The Permian Basin is our nation’s leading oil- and gas-producing region and a critical pillar of America’s energy security,” Cruz told Fox News Digital in a statement. “I support the State of Texas in opposing the NRC’s federal overreach and will keep fighting to ensure West Texas remains the energy power house it is today.”
The brief argues that placing the storage facilities near the Permian Basin makes the area “an enticing target for adversaries,” therefore threatening the oil-producing region. The brief says neither the parties hoping to operate the facilities nor the NRC are “equipped to consider the broader ramifications” of placing the facilities in the area.
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Texas Democratic Rep. Henry Cueller and Republican Reps. August Pfluger and Ronny Jackson have also joined Cruz’s brief.
“Energy independence is national security, which is why I support the scale-up of all reliable and economical energy sources, including nuclear, to meet our rising energy demand,” Arrington said in a statement to Fox News Digital. “However, I will not allow Washington to impose its will on West Texas regarding the temporary disposal of high-level nuclear waste simply because the Nuclear Regulatory Commission can’t — or won’t — finalize permanent storage elsewhere.”
Arrington said Texas “and the people of Andrews should make the decision” rather than “some nameless, faceless bureaucrat in Washington, D.C.”
The amicus brief states that the location of the waste sites — while “remote” — “present an enormous threat to the country’s security and economic well-being.”
“Energy security is national security. That adage remains as true now as it did in the 1970s, when OPEC strategically curtailed its oil supply to the United States,” the filing continues.
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“And although we’ve come a long way since then — building up domestic energy production capacity and decreasing dependence on fossil fuels — recent events are a vivid reminder of the importance of energy independence,” the amicus continued. “They’ve also shown that the Permian Basin has global importance.”
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The high court is set to hear oral arguments in the case in early March.
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