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Holland & Knight LLP

U.S. Supreme Court Decides Nuclear Regulatory Commission Procedural Issue

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The U.S. Supreme Court on June 18, 2025, decided Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), which involved challenges to the U.S. Nuclear Regulatory Commission's (NRC or Commission) decision to grant a...more

Hogan Lovells

Supreme Court decides interim storage case on procedural grounds in NRC v. Texas

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On Wednesday, June 18, 2025, the Supreme Court of the United States issued its opinion in NRC v. Texas to resolve a circuit split over the storage of spent nuclear fuel between the Tenth Circuit, D.C. Circuit, and Fifth...more

Perkins Coie

Trump Administration Launches Sweeping Initiative to Advance Deployment of Nuclear Technology

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On Friday, May 23, 2025, President Trump signed four executive orders related to nuclear energy, three of which seek to expedite approval processes for permitting new nuclear reactors. The orders, which build upon...more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

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The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Holland & Knight LLP

Podcast - Hot Topics in Nuclear Waste

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In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Liz Craddock sit down for a conversation about hot topics in nuclear waste. This...more

Hogan Lovells

Supreme Court takes up interim storage case

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Today, the Supreme Court announced that it is taking up a case related to the Nuclear Regulatory Commission’s (“NRC”) ability to license away-from-reactor interim storage of spent nuclear fuel. By hearing the case in the...more

Hogan Lovells

NRC streamlines mandatory hearing process

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On July 18, the U.S. Nuclear Regulatory Commission (“NRC”) approved a new process to help streamline the agency’s mandatory hearings.  The new process will go into effect immediately and should dramatically shorten the time...more

Morgan Lewis - Up & Atom

Chevron Overturned: Ruling May Impact Challenges to NRC Actions to a Lesser Extent Than Other Agencies

The US Supreme Court’s recent Loper Bright decision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Signs ADVANCE Act into Law

The landmark nuclear legislation will help drive development, innovation, investment and deployment of advanced nuclear technologies. The ADVANCE Act takes substantial steps to help expedite the development and deployment...more

Balch & Bingham LLP

Advance Act Aims To Enhance US Civil Nuclear Leadership

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On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act by a vote of 88-2. The Act was signed into law by President Biden on July 9, 2024. The ADVANCE...more

Hogan Lovells

Major nuclear energy legislation becomes law

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On Tuesday, July 9, 2024, President Biden signed into law the most comprehensive energy-related bill since the Inflation Reduction Act—and it’s all about nuclear energy. This new law will support the deployment of nuclear...more

Hogan Lovells

House passes significant bipartisan legislation to support new nuclear

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On February 28, 2024, the U.S. House of Representatives passed a bill containing a package of nuclear licensing reforms aimed at speeding the deployment of advanced nuclear reactors.  The bill, which had strong bipartisan...more

Morgan Lewis - Up & Atom

NRC OI Annual Report: Significant Jump in Materials Licensee and Discrimination Investigations for FY 2023

The NRC’s Office of Investigations (OI) recently published its Annual Report for fiscal year 2023, summarizing its activities from October 1, 2022 through September 30, 2023. According to the annual report, OI opened 82 new...more

Morgan Lewis - Up & Atom

Large Increases to Price-Anderson Act Secondary-Layer Protection in Inflation Adjustments

In a Federal Register Notice published September 5, 2023, the NRC amended its regulations to be effective October 5, 2023, to adjust for inflation the maximum total and annual deferred premium amounts for the “secondary...more

Morgan Lewis - Up & Atom

DOE Confirms Changes to Generally Authorized Countries Under Part 810

The US Department of Energy (DOE) published on January 31 two secretarial determinations in the Federal Register that change the countries that are eligible for general authorizations under 10 CFR Part 810 (Part 810). The...more

Pillsbury Winthrop Shaw Pittman LLP

DOE Issues Final Rule on Part 810 Civil Penalties

The U.S. Department of Energy issued a final rule regarding procedures for imposing civil penalties for violations of DOE’s 10 CFR Part 810 regulations governing civil nuclear technology export controls. The language of...more

Hogan Lovells

NRC Staff contemplates licensing and regulating fusion energy systems

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On September 14, the NRC staff publicly released its preliminary White Paper on “Licensing and Regulating Fusion Energy Systems” to support upcoming meetings with the Advisory Committee on Reactor Safeguards on options for...more

Morgan Lewis - Up & Atom

NRC Announces Presiding Officer Framework for New Reactor Construction Permit ‘Mandatory’ Hearings

The Nuclear Regulatory Commission recently issued SRM-SECY-21-0107, in which it approved the NRC Staff’s recommendation to delegate authority to the Atomic Safety and Licensing Board (ASLB) Panel—the independent trial-level...more

Morgan Lewis - Up & Atom

NRC Office of Investigations Issues FY 2021 Annual Report

The NRC’s Office of Investigations (OI) recently published its Office of Investigations Annual Report FY 2021 summarizing its activities during the past fiscal year. Overall, OI saw a drop in caseload, likely due—at least in...more

Morgan Lewis - Up & Atom

NRC Losing Another Commissioner on June 30

Commissioner Annie Caputo has announced her plans to leave the NRC when her term expires next week, on June 30, 2021. This will leave the Commission with the bare minimum number of commissioners needed to conduct business....more

Pillsbury Winthrop Shaw Pittman LLP

Considerations for Regulation of Fusion-Based Power Generation Devices

With advances in technology, the long sought-after development of fusion power, which promises a limitless, carbon-free source of energy for the future, finally appears within reach. Over two-dozen private companies are...more

Morgan Lewis - Up & Atom

Update on Status of US-UK 123 Agreement Regarding Nuclear Trade

As we reported in 2019, the United Kingdom’s withdrawal from the European Union, which occurred on January 31, 2020, included the United Kingdom’s exit from the European Atomic Energy Community (Euratom). Exports of nuclear...more

Hogan Lovells

The Regulation of Fusion – A Practical and Innovation-Friendly Approach

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Fusion, the process that powers the Sun, has long been seen as the “holy grail” of energy production. In contrast with fission, which splits apart atoms in a nuclear reactor, fusion literally fuses hydrogen atoms together,...more

Morgan Lewis

In Rare 3-3-3 Decision, Supreme Court Upholds Virginia Ban on Uranium Mining

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The US Supreme Court issued its decision on June 17 in the case of Virginia Uranium, Inc. v. Warren. The Court affirmed the decision of the US Court of Appeals for the Fourth Circuit, which held that the Atomic Energy Act...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Virginia Uranium, Inc. v. Warren

On June 17, 2019, the U.S. Supreme Court decided Virginia Uranium, Inc. v. Warren, concluding that Virginia may ban uranium mining within its borders because the federal Atomic Energy Act (AEA) does not preempt State mining...more

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