Senators Ted Cruz and John Cornyn, along with Representative Jodey Arrington, all from Texas, are leading a bipartisan effort to prevent nuclear waste from being stored in their state. They've filed an amicus brief with the Supreme Court, urging the justices to uphold a lower court's decision that the Nuclear Regulatory Commission (NRC) lacks the authority to license such facilities.

(Chip Somodevilla/Getty Images; Getty Images)

The heart of the case, NRC v. Texas, revolves around whether the NRC has the power to grant licenses for nuclear waste storage under the Atomic Energy Act of 1954 or the Nuclear Waste Policy Act of 1982. The Biden administration appealed the Fifth Circuit's ruling against the NRC after the agency granted a license for a waste storage facility in western Texas. This sparked opposition from both Texas and New Mexico.

The proposed facility, planned for Andrews County, Texas, within the Permian Basin, is a major point of contention. This region is a crucial oil and gas production area, and the Texas representatives argue that storing nuclear waste there would create a significant security risk, making it a potential target for adversaries. They also contend that neither the NRC nor the companies involved are equipped to handle the wider implications of locating such a facility in this vital energy hub.

Cruz emphasized the importance of the Permian Basin to America's energy security and vowed to continue fighting to protect it. Arrington echoed this sentiment, stressing that Texans, particularly those in Andrews County, should have the final say, not bureaucrats in Washington, D.C. The amicus brief underscores the potential threat to national security and economic well-being posed by storing nuclear waste in this location.

Sen. Ted Cruz, R-Texas (pictured), along with Sen. John Cornyn, R-Texas, and Rep. Jodey Arrington, R-Texas, wants the Supreme Court to uphold a lower court ruling that the Nuclear Regulatory Commission lacks authority to license nuclear waste storage facilities. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

The brief highlights the importance of energy independence and the Permian Basin's role in global energy markets, drawing parallels to the 1970s OPEC oil crisis. Representatives Henry Cueller (D-TX), August Pfluger (R-TX), and Ronny Jackson (R-TX) have also joined the amicus brief. The Supreme Court is scheduled to hear oral arguments in the case in early March.

The high court is set to hear oral arguments in the case in early March. (Ricky Carioti /The Washington Post via Getty Images)