Lubbock Times

House Budget Chairman Jodey Arrington and Senator Ted Cruz have filed an amicus brief supporting Texas in the U.S. Supreme Court cases of NRC v. Texas and ISP v. Texas. These cases involve the Nuclear Regulatory Commission's (NRC) authority to license a storage facility for spent nuclear fuel in Andrews County, Texas, a decision contested by the state and Governor Abbott.

Chairman Arrington stated, "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." He added that he would not allow Washington to impose its will on West Texas regarding high-level nuclear waste disposal because the NRC has not finalized permanent storage elsewhere.

Senator Cruz emphasized the importance of the Permian Basin as a critical part of America's energy security. He said, "I support Attorney General Ken Paxton in opposing the NRC’s federal overreach and will keep fighting to ensure West Texas remains the energy powerhouse it is today."

The NRC issued a license to ISP for an interim storage facility intended to hold up to 5,000 metric tons of spent nuclear fuel and radioactive waste. Texas argues that this exceeds NRC's statutory authority under federal law, specifically the Nuclear Waste Policy Act of 1982.

The Supreme Court's review will address questions about NRC's authority and state versus federal power balance in regulating hazardous materials.