This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Commission granted ISP a license in September 2021 to build and operate a proposed storage facility.
The Fifth Circuit later vacated ISP's license.
Fasken petitioned to intervene but the Commission denied the petition.
The Commission also denied Fasken's intervention under its regulations implementing § 2239.
Fasken argued that the facility posed an unacceptably high risk of environmental contamination.
The D.C. Circuit consolidated related challenges into a single proceeding and issued an unpublished order.
The Court references Leedom v. Kyne as the leading case on post‑APA ultra vires review.
- [1] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 2
- [2] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 2
- [3] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 2
- [4] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 26
- [5] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 10
- [6] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 34
- [7] 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdf, p. 18
Background and question before the Court
The dissent argued that the Atomic Energy Act does not authorize storage of spent nuclear fuel anywhere.
The 1980 regulations define spent fuel as including special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.
The agency prepared a draft Environmental Impact Statement (EIS) and solicited public comments.
What each side argues
Fasken
Source-limited. The record does not yet support a complete account.
What happened at oral argument
What the Court decided
Why it matters
The Court cites Leedom v. Kyne as its leading case on post‑APA ultra vires review.
Justice Gorsuch noted that the dissent’s theory—that the Atomic Energy Act does not authorize storage of spent nuclear fuel—could have extraordinary consequences.
The definition of spent fuel in the 1980 regulations provides guidance for interpreting the agency’s authority over nuclear material storage.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 8ff22a36a333ea0a8267-r1-98dc84420df006fb.pdfunknown
- b3a0676c7450849a7420-r1-9b65623aa6c56556.pdfunknown
Guide generated September 27, 2026. Automated validation accepted this version.