A recent decision from the U.S. Court of Appeals for the Fifth Circuit in favor of Texas in its opposition to a nuclear waste storage license has been based on dated dicta, or judicial commentary, that has accentuated an existing circuit split on a jurisdictional issue. This observation was made by judges who dissented to a refusal of an en banc rehearing.
The full Fifth Circuit opted not to revisit a panel’s August decision which stated that the Nuclear Regulatory Commission lacked the authority under the Atomic Energy Act to license a private company, Interim Storage Partners, for storing nuclear waste in Andrews County, Texas. The decision, according to Fifth Circuit Judge Stephen Higginson, has serious implications for regulated entities’ settled expectations.
For more detailed information regarding this case, you can read the article on Law.com.