Louisiana joins lawsuit against US nuclear commission, argues overstepping authority

BATON ROUGE, La. (Louisiana First) — Louisiana joined the national lawsuit against the U.S. Nuclear Regulatory Commission (NRC), accusing them of overstepping their authority over nuclear reactors.

The Louisiana Department of Environmental Quality (LDEQ) announced it is taking part in the nuclear energy lawsuit alongside Texas, Utah, and private sector energy innovators.

The lawsuit was filed on Dec. 29, 2024, arguing that the NRC subjected all nuclear reactors — regardless of size or risk profile — to the same licensing requirements.

“Louisiana’s energy future demands innovation, not unnecessary red tape,” said Governor Jeff Landry. “Joining this lawsuit is about defending our ability to pursue advanced energy solutions like SMRs — solutions that are reliable, clean, and essential for economic development in the State. This is part of our broader strategy to make Louisiana an energy leader in the 21st century.”

“The NRC’s rule imposes sweeping regulations that fail to distinguish between emerging technologies and legacy reactors. That’s not only inefficient — it’s unlawful,” said Attorney General Liz Murrill. “By joining this case, we’re defending our State’s right to tailor nuclear innovation to our unique needs, while pushing back on Federal overreach.”

Louisiana was approved as an NRC Agreement State in 1967, giving the state the authority to regulate source, byproduct and nuclear materials in the state. The LDEQ holds authority over operations and preparedness, forcing Louisiana to support small modular reactors (SMRs).

“This lawsuit is about unlocking opportunity,” stated LDEQ Secretary Aurelia S. Giacometto. “Louisiana is already an NRC Agreement State with robust regulatory experience in radiological licensing and emergency response. We are ready to take the next step and lead in the deployment and oversight of SMRs. This litigation ensures we are not left behind while other states set the pace for nuclear innovation.”

The LDEQ’s involvement reflects Gov. Landry’s executive order, which instructs agencies to advance innovative environmental solutions.

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