Abstract
In this note, Madison King analyzes the emerging circuit split concerning the Nuclear Regulatory Commission’s (NRC) authority to license interim, away-from-reactor nuclear waste storage facilities. King explains that while the D.C. and Tenth Circuits have upheld the NRC’s authority under the Atomic Energy Act, the Fifth Circuit recently rejected that interpretation, ruling the NRC lacks such authority and invoking the major questions doctrine. King argues for a legislative solution to resolve the legal uncertainty and long-standing stalemate over nuclear waste disposal. King proposes that Congress should pass the Nuclear Waste Task Force Act to reevaluate federal policy, eliminate exemptions for nuclear waste from environmental laws, and establish a consent-based framework for siting long-term nuclear waste repositories.
Recommended Citation
King, Madison
(2025)
"A Radioactive Circuit Split: Addressing Nuclear Waste Storage and Disposal in the United States,"
Kentucky Journal of Equine, Agriculture, & Natural Resources Law: Vol. 17:
Iss.
1, Article 4.
Available at:
https://uknowledge.uky.edu/kjeanrl/vol17/iss1/4