Media Coverage
Source: Bloomberg Law
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Taina Rosa, Olivia Thomas
07.02.25
The U.S. Supreme Court recently revived Holtec International Corp.’s license for its interim spent nuclear fuel storage site in New Mexico, overturning a ruling by the U.S. Court of Appeals for the Fifth Circuit and directing that court to dismiss the case based on a recent decision involving a similar Texas facility. Holtec welcomed the decision as confirmation of the Nuclear Regulatory Commission’s authority to issue such licenses.
According to Energy partner Jay Silberg, now that the Texas case has been resolved, the New Mexico case, which involved essentially identical arguments, will be sent back to the Fifth Circuit to be dismissed.
“Having done that in the [Interim Storage Partners (ISP)] case, the exact same analysis applies to the Holtec case,” he told Bloomberg Law.
The Supreme Court’s decision for Interim Storage’s license directly affects Holtec’s license, Silberg said, adding that the court essentially told the Fifth Circuit “you should get rid of [the Holtec] case the same way you’re going to get rid of the ISP case.”
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