New Mexico DOJ Press Release: Amicus Brief to Prevent Nuclear Waste Storage in the Permian Basin

YEAR
2026
SOURCE ORGANIZATION

Document Summary

This document is an official press release from the New Mexico Department of Justice (NMDOJ) announcing that the state filed a joint amicus brief (a “friend of the court” brief) with the U.S. Supreme Court. The brief supports a lower court decision that blocked federal licenses for consolidated interim storage of spent nuclear fuel in the Permian Basin region near the Texas – New Mexico border.

The filing is part of the case NRC v. Texas, which addresses whether the Nuclear Regulatory Commission (NRC) has authority to license private facilities to store nuclear waste away from reactor sites.

This document itself is not a law or court ruling, but it reflects a formal legal filing submitted to the Supreme Court.

  • An amicus brief allows non-parties (like states) to present legal arguments and policy concerns to the Court.
  • The brief supports the Fifth Circuit’s decision that invalidated NRC-issued licenses for interim storage facilities in Texas and New Mexico.
  • It argues that federal licensing may conflict with the Nuclear Waste Policy Act, particularly regarding state involvement and consent.
  • It becomes part of the official court record, potentially influencing how the justices interpret federal law and agency authority.

WHY THIS MATTERS

This press release shows that New Mexico is not just opposing nuclear waste storage politically; it is taking the fight to the highest court in the country. Protect the Basin, it highlights a growing coalition of states challenging federal authority and demanding a clear legal foundation for any storage decisions. The case raises fundamental questions about consent, state rights, and long-term risk. The Supreme Court’s response could shape the future of nuclear waste policy nationwide.

Key Excerpts

“New Mexico has joined a coalition filing a joint amicus brief in the U.S. Supreme Court to prevent nuclear waste storage in the Permian Basin.” – Page 1

“The state continues to oppose the storage of spent nuclear fuel within its borders.” – Page 1

“This case raises critical questions about federal authority and the rights of states to protect their communities.” – Page 1

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CITATION

New Mexico Department of Justice. (n.d.). New Mexico Department of Justice Files Joint Amicus Brief in the U.S. Supreme Court in Effort to Prevent Storage of Nuclear Waste in Permian Basin.

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