605 U.S. 665 (2025) · 2025
Nuclear Regulatory Commission v. Texas
nuclear wasteagency reviewstanding and jurisdictionadministrative lawenergy infrastructureLandmark
Summary
NRC v. Texas held that the Fifth Circuit could not review an NRC license at the request of challengers who were not parties to the licensing proceeding. The decision did not decide whether the NRC had authority to license the storage facility. It decided that Texas and Fasken used the wrong procedural path for judicial review.
Background & Context
The dispute involved an NRC license for a private spent-fuel storage project. Texas and Fasken opposed the project but were not admitted as parties in the NRC licensing proceeding. The Fifth Circuit nonetheless reached the merits before the Supreme Court reversed on jurisdiction.
The Question Before the Court
May nonparties to an NRC licensing proceeding obtain judicial review of that licensing decision under the Hobbs Act?
Petitioner
Nuclear Regulatory Commission, et al.
Party asking the Court to review or reverse
Argued
- Only parties may seek Hobbs Act review.
Respondent
Texas, et al.
Party defending the judgment below
Argued
- The NRC exceeded its authority.
The Holding
Only parties to an NRC licensing proceeding may seek judicial review under the Hobbs Act. Texas and Fasken were not parties to the licensing proceeding, so the Fifth Circuit lacked jurisdiction.
The Court
How the justices lined up in this decision.
6-3
Vote
Joined decision
6 justicesAC
Amy Barrett
Majority
BK
Brett Kavanaugh
Majority
EK
Elena Kagan
Majority
JR
John Roberts
Majority
KB
Ketanji Jackson
Majority
SS
Sonia Sotomayor
Majority
Dissented
3 justicesCT
Clarence Thomas
Dissent
NG
Neil Gorsuch
Dissent
SA
Samuel Alito
Dissent
What this means for you
The ruling protects agency licensing decisions from challenges by objectors who did not become parties in the administrative proceeding. It has real consequences for communities near nuclear-waste storage projects because it raises the procedural stakes: participation status inside the agency process can determine whether a later court challenge is even allowed.
Key Takeaways
- The Court resolved a jurisdictional question, not the ultimate legality of the storage license.
- The Hobbs Act allows judicial review only by parties to the agency proceeding.
- Texas and Fasken were not parties to the NRC licensing proceeding.
- The decision reversed the Fifth Circuit.
- The practical effect is to make formal agency participation critical for later court review.
Decision
6-3 majority opinion
- Citation
- 605 U.S. 665 (2025)
- Vote
- 6-3
- Decision type
- Majority opinion
- Argued
- March 5, 2025
- Decided
- June 18, 2025
- Term
- 2024
- Opinion author
- Brett Kavanaugh
Justice Kavanaugh wrote the Court's opinion, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett, and Jackson. Justice Gorsuch dissented, joined by Justices Thomas and Alito.