First appearance on Fox: Sen. Ted Cruz (R-Texas) is leading a bipartisan amicus brief asking the Supreme Court to review a lower court's decision to block the accumulation of nuclear waste in the state.
Cruz, along with Sen. John Cornyn (R-Texas) and Rep. Jody Arrington (R-Texas), argue that the Nuclear Regulatory Commission (NRC) does not have the authority to approve nuclear waste storage facilities. We hope the Supreme Court will uphold the lower court's decision.
They argue that the proposed location of the nuclear waste site poses “a significant threat to the nation's security and economic well-being.”
The case, NRC v. Texas, will determine “whether the Commission has authority to issue licenses under the Atomic Energy Act of 1954 or the Nuclear Waste Policy Act of 1982.”
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The Supreme Court agreed in October to take up the case after the Biden administration appealed the Fifth Circuit's ruling that the NRC does not have the authority to license nuclear waste storage facilities. The permit, which was given to the Biden administration and a company to build a waste storage facility in West Texas, was challenged by Texas and New Mexico.
A bipartisan court brief argues that the location of a proposed nuclear waste repository in Texas poses a “substantial threat to the nation's security and economic health.”
Interim Storage Partners had planned to operate a nuclear storage facility in Andrews County, Texas, but the decision drew backlash because the facility is located within the Permian Basin.
“The Permian Basin is one of our nation's leading oil and gas producing regions and a critical pillar of America's energy security,” Cruz told Fox News Digital in a statement. “I stand with Texas against federal overreach in the NRC and will continue to fight to ensure West Texas remains the energy powerhouse it is today.”
The brief argues that locating storage facilities near the Permian Basin would make the area “an attractive target for adversaries” and threaten oil-producing regions. The brief states that neither the parties wishing to operate the facility nor the NRC are “prepared to consider the broader implications” of locating the facility in the area.
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Texas Democratic Rep. Henry Cuellar and Republican Reps. August Pflueger and Ronnie Jackson also joined Mr. Cruz's brief.
“Energy independence is our national security, which is why I am committed to scaling up all reliable and economical energy sources, including nuclear power, to meet our growing energy needs,” Arrington told Fox News Digital. I support it.'' “However, the U.S. government's decision to temporarily dispose of high-level nuclear waste simply because the Nuclear Regulatory Commission ultimately cannot or ultimately does not intend to permanently store it elsewhere. I will not allow that will be imposed on West Texas.”
Arrington said the state of Texas “and the people of Andrews should make the decision” and not “some nameless, faceless bureaucrats in Washington, D.C.”
The court brief states that although the waste location is “remote,” it “poses a significant threat to the nation's security and economic health.”

Sen. Ted Cruz (R-Texas) (pictured), along with Sen. John Cornyn (R-Texas) and Rep. Jody Arrington (R-Texas), say the Nuclear Regulatory Commission has no authority. We hope that the Supreme Court will uphold the lower court's ruling. Obtain approval for a nuclear waste storage facility. (Tom Williams/CQ-Roll Call, Inc, via Getty Images)
“Energy security is national security. This adage is as true today as it was in the 1970s when OPEC strategically reduced oil supplies to the United States,” the filing continues.
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“While we have come a long way since then, increasing our domestic energy production capacity and reducing our dependence on fossil fuels, recent events are a stark reminder of the importance of energy independence,” the court said. continued. “They also showed that the Permian Basin has global significance.”

The high court is scheduled to hear oral arguments in the case in early March. (Ricky Carioti/The Washington Post via Getty Images)
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The high court is scheduled to hear oral arguments in the case in early March.





