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Carlsbad council backs resolution authorizing ALIA to challenge state law on nuclear storage
Summary
Council approved a resolution authorizing the Eddie Lee Energy Alliance (ALIA) to sue the state seeking a declaration that NMSA 74-4A-111 is preempted by federal law, citing Tenth Circuit precedent and recent federal‑state NRC partnership options as context.
The Carlsbad City Council voted to approve resolution 2026‑23, authorizing the Eddie Lee Energy Alliance (ALIA) to pursue litigation challenging a New Mexico statute that restricts local permitting or leasing for consolidated interim storage of spent nuclear fuel.
City staff (Miss Hodson) told the council the resolution had been presented in December and that the ALIA board initially declined to proceed but has since revived the effort. Hodson said the statute at issue is codified as NMSA 74‑4A‑111 and prevents any local entity from permitting, contracting for, licensing or leasing a consolidated interim storage facility without state consent and the existence of an operational deep‑geologic repository. Hodson noted there are currently no deep‑geologic repositories in the United States.
Hodson said ALIA's legal analysis points to Tenth Circuit precedent in which a similar Utah law was found preempted by federal law, and the group believes the same precedent could apply in New Mexico. She also told the council that recent nuclear regulatory commission initiatives (a federal‑state partnership opportunity described as a "nuclear life cycle innovation campus") have encouraged ALIA to pursue an application and to seek clarification on the statute's validity.
Council moved, seconded and carried the resolution; several council members asked procedural questions about conflict of interest and participation, and the meeting record shows the council authorized the action without further amendment.
The resolution empowers ALIA to file suit asking a court to declare NMSA 74‑4A‑111 preempted by federal law; the resolution itself does not direct the city to join litigation on behalf of ALIA, nor does it alter any local permitting rules.
