The United States Court of Appeals for the Fifth Circuit, led by Judge James Ho, has invalidated the power of nuclear policy regulators to decide how to deal with nuclear waste. The case involved the Nuclear Regulatory Commission's (NRC) decision to license a temporary storage facility in Texas for high-level spent nuclear fuel. The decision by Ho and his colleagues was based on their interpretation of federal law and their belief that the NRC's decision was illegal. However, critics argue that Ho lacks the necessary specialized knowledge to make such a decision. The Supreme Court is expected to hear the case and is likely to reverse Ho's decision. The case highlights a pattern within the Fifth Circuit of undermining federal agencies and state capacity.
Tue, 29 Aug 2023 10:00:00 GMT | Vox.com