Nuclear Case Tees Up ‘Major Questions,’ Deference Issues Following Loper

The Nuclear Regulatory Commission (NRC) and the nuclear power sector are asking the Supreme Court to review an appellate ruling finding that regulators lack the authority to license temporary storage of spent nuclear fuel, in a case that could test the reach of the “major questions” doctrine and agency deference after the justices’ Loper Bright ruling ended so-called Chevron deference. In a July 12 amicus brief , the Nuclear Energy Institute (NEI) backed Biden administration calls for...