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5th Circuit Court of Appeals vacates license in second U.S. Nuclear Regulatory Commission appeals case

Following Kanner & Whiteley’s win on behalf of Fasken Land and Minerals and the Permian Basin Land and Royalty Owners, in which the Fifth Circuit vacated the license issued by the NRC for the construction of a private away-from-reactor consolidated interim storage facility for spent nuclear fuel in Texas (Texas v. NRC, 78 F.4th 827 (5th Cir. 2023), reh’g en banc denied, 95 F.4th 935 (5th Cir. 2024) (mem)), the Fifth Circuit, on March 27, 2024, also vacated the license issued to a second company for a similar facility to be constructed in New Mexico. That Opinion may be found here.

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