Louisiana is joining a federal lawsuit challenging the U.S. Nuclear Regulatory Commission’s “Utilization Facility Rule” as it applies to small modular reactors and related nuclear innovation.
The lawsuit originally was filed in December by Texas, Utah and Last Energy Inc. Louisiana, Florida, the Arizona state legislature, Deep Fission Inc. and Valar Atomics Inc. recently joined the complaint, which claims the NRC is overstepping its statutory authority by subjecting all nuclear reactors — regardless of size or risk profile — to the same licensing requirements. This includes microreactors and SMRs, which are designed to be safer, more scalable, and more economically viable than traditional nuclear power plants.
The amended complaint was filed April 7, not long after the NRC had filed a motion to dismiss the case.
Gov. Jeff Landry
| File photo
By joining the lawsuit in the 21-day window after the NRC filed its motion, Louisiana has ensured its eligibility to share in any favorable judgment or settlement. Failure to act would leave the state subject to the rule’s burdens without access to any future regulatory relief.
“Louisiana’s energy future demands innovation, not unnecessary red tape,” Gov. Jeff Landry said. “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 Louisiana Department of Environmental Quality has authority over operations and emergency preparedness.
“This lawsuit is about unlocking opportunity,” LDEQ Secretary Aurelia S. Giacometto said. “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.”
State Attorney General Liz Murrill agreed.
“The NRC’s rule imposes sweeping regulations that fail to distinguish between emerging technologies and legacy reactors,” she said. “That’s not only inefficient — it’s unlawful.
“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.”
The federal complaint argues that the NRC's refusal to modernize its regulatory framework is unlawful and harms states' efforts to meet surging energy demand with clean alternatives. Florida and its partner states are asking the court to vacate the NRC's illegal actions and require the agency to adopt reasonable standards that reflect current science and safety advances.
Advanced reactors, including SMRs, are already being explored in Florida and other states for use in industrial settings, rural communities, and areas with fragile electric grids. These technologies offer safer designs, faster construction, lower costs, and reduced environmental risks compared to traditional nuclear plants.
U.S. District Court for the Eastern District of Texas case number 6:24-cv-00507