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What does Chevron mean for nuclear? The USA courts can now supercede the safety role of the Nuclear Regulatory Commission

The NRC was the undisputed final word in what goes for nuclear energy in the United States. Did the overturning of the longstanding Chevron decision now put the courts above the regulatory agency?

Elemental, ANGELICA OUNG, JUN 30, 2024

The US Supreme Court just overturned the longstanding “Chevron deference” This is a move so dramatic that Dahlia Lithwick, senior legal editor at Slate, described it as a “requiem” for the Administrative state.

According to Lithwick in the Slate Podcast on the issue, the Chevron doctrine said that when a statute is unclear, federal courts should defer to a reasonable interpretation by administrative agencies. No more. Courts can now decide from the get-go what a statute means, regardless of what the agency thinks.

Once upon a time, ironically, it was the conservative Justice Scalia who was the Chevron doctrine’s biggest fan. But as it becomes increasingly clear that the conservative justices are going to enjoy a generational hold on the Supreme Court while the party holding the Executive Branch flips and flops, it became an advantageous political project for the court to take out Chevron and transfer power from the “ABC agencies,” which of course includes the National Regulatory Commission (NRC) over to the courts.

“This fundamentally changes the way government governs,” said Lithwick.

So what now? If the court is now the final arbiter for whether, say, a bump stock makes a gun a machine gun, is it also going to become the final arbiter on whether a giant trampoline works as well as a reinforced containment dome for that purpose of protecting a nuclear reactor from the impact of a large commercial aircraft?

In fact, since the Aircraft Impact Assessment (AIA) is a part of the NRC’s regulations, not explicitly mandated by law, the court can even opt to throw the regulation out entirely.

The undercutting of the NRC goes both ways: just as nuclear companies can now challenge what they see as unreasonably onerous NRC regulations in court, they are now also vulnerable to individuals or groups claiming harm, even if the companies followed all the regulatory guidelines, increasing their legal risk.

As Chief Justice John Roberts wrote in his opinion in the landmark 6-3 ruling, “Agencies have no special competence in resolving statutory ambiguities. Courts do.”

In a dissenting opinion, Justice Elena Kagan warned that Congress does not have the ability to write perfectly complete regulatory statutes and it would be preferable for the gaps formed by inevitable ambiguities to be filled by the responsible agency, not a court. The decision “is likely to produce large-scale disruption.”………………………………………………………………………………………………

…….should we trust the courts to be better arbiters of how nuclear power plants should be regulated than the actual agency set up to regulate them?

In the worst-case scenario, rogue judges are now empowered to issue out-of-pocket decisions on highly technical matters they don’t actually understand.  https://elementalenergy.substack.com/p/what-does-chevron-mean-for-nuclear

July 1, 2024 - Posted by Christina Macpherson | safety, USA