DC Circuit weighs NEPA challenge against nuclear licensing rule

By Niina H. Farah | 10/31/2025 06:40 AM EDT

At least one judge questioned whether federal regulators should be doing more to assess climate change risk to reactors.

The Nuclear Regulatory Commission building is seen.

Nuclear Regulatory Commission headquarters outside Washington. Pablo Martinez Monsivais/AP

The Nuclear Regulatory Commission’s process for renewing licenses for commercial nuclear power plants is coming under scrutiny, with at least one federal judge questioning why regulators are not doing more to study how climate change could harm decades-old reactors.

During oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit on Thursday, Judge Patricia Millett asked an attorney for the commission whether NRC should conduct more analysis before authorizing facilities to remain in operation for another 20 to 30 years.

“The problem is this is a really long-term license. The license itself is 20 years out,” said Millett, an Obama appointee. “Is it reasonable to include, along with past weather events, our view of what the weather risk of the time period of this license renewal, let’s say 30 years ahead?”

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She added: “Is it reasonable to ignore the future?”

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