US Sup.Ct. Slip Opinion of June 18, 2025
HOLDING: Only a formally recognized “party” to a licensing proceeding by the Nuclear Regulatory Commission (the “NRC”) may seek the review of the NRC’s ultimate licensing decision for alleged unlawfulness by a federal Court of Appeals.
The Court held, by a 6-3 vote, that such formal recognition was required by the federal statutes creating and regulating the NRC. Challenges to the lawfulness of the NRC’s licensing of an off-site nuclear waste storage facility were therefore dismissed without prejudice to such challenges if and when brought by appropriate “parties.” Justices Gorsuch, Alito, and Thomas dissented, arguing against every aspect of the majority Opinion.
RECENT RULINGS 