LEGAL TIMELINE

Texas and New Mexico

A chronological archive of legal filings, policy shifts, and the ongoing defense of the Permian Basin’s geological integrity.

1982

Background
U.S. Congress

Nuclear Waste Policy Act (NWPA) enacted

Sets federal law for permanent disposal; does not explicitly authorize private interim storage.

2018

Background
NRC

ISP License Application

Interim Storage Partners (TX) submits to NRC.

2018

Background

2021

Background
NRC

ISP License Issued

NRC approves Interim Storage Partners (TX).

May,

2023

Background
NRC

Holtec License Issued

NRC licenses Holtec HI-STORE (NM).

May,

2023

Background
Feb 10th,

2023

Background
10th Circuit

Balderas v. NRC

New Mexico loses “party-aggrieved” standing – procedural bar to review before merits.

2024

Background
D.C. Circuit

Holtec consolidated appeals

2024

Background

2024

Background
5th Circuit

Texas case appeals

Fifth Circuit vacates ISP license – major disruption.

June 18th,

2025

Background
U.S. Supreme Court

Supreme Court decision (23-1300)

Reverses Fifth Circuit on procedural standing – license reinstated; does not resolve merits of NRC authority.

June 18th,

2025

Background
Oct,

2025

Background
Developer/Local Parties

Holtec facility plans canceled

Holtec announces pause/termination of project execution despite federal license.

Jan 12th,

2026

Background
U.S. Supreme Court

Supreme Court declines cert on Holtec challenge

Cert denied in Beyond Nuclear’s petition – leaves D.C. Circuit posture intact.

Jan 12th,

2026

Background

Why the Timeline Matters

Key Takeaways

01

Procedural access has been the central battleground, not the merits of NRC authority.
Both circuits and the Supreme Court have focused heavily on who qualifies to challenge.

02

Two tracks – Texas (5th) and New Mexico (D.C., 10th interplay) – set a quasi-split that the Supreme Court engaged.

03

Outcome vs Execution can diverge.
Holtec’s federal license survived litigation, but project execution stalled/canceled a practical development, not a legal reversal.

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