Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
The NRC recently reissued a final rule to insert a conditional sunset date into the aircraft impact assessment (AIA) requirements of 10 CFR § 50.150 in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The NRC took this action after withdrawing the AIA portion of its earlier direct final sunsetting rule in response to significant public input (on which we previously wrote). This final rule addresses the significant adverse comments and reflects the NRC’s decision to proceed with sunsetting the AIA requirements on a conditional basis.
The NRC recently approved the most substantial revisions to the Reactor Oversight Process (ROP) since its April 1, 2000 implementation. In SRM-SECY-26-0014, the Commission approved revisions to the ROP’s baseline inspection program and the inspection finding screening process applicable to the current fleet of large, light-water power reactors. In SRM-SECY-26-0015, the Commission approved revisions to the security baseline inspection program, including the force-on-force inspection program. The revisions reflect an approximately 38% reduction in safety inspection resources and 50% reduction in security inspection resources.
The NRC saw major staffing transitions in 2025, including an unprecedented number of vacancies at the senior staff level. As 2026 kicks off, the Commission has returned to a full slate of five, and the agency has filled significant senior leadership roles.
The White House recently issued an executive order establishing the “Genesis Mission,” a US Department of Energy (DOE)-led initiative aimed at accelerating scientific discovery using advanced AI. Nuclear energy was specifically highlighted as one of the key scientific areas for advancement.
On October 21, 2025, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget issued Memorandum M-25-36, Streamlining the Review of Deregulatory Actions. The directive sets shorter timelines, encourages the use of legal exemptions to bypass lengthy procedures, and reduces consultation requirements with stakeholders, signaling a renewed push by OIRA to cut regulatory red tape. While the memorandum is aimed at accelerating regulatory reform, agencies must balance the benefits of speed against the potential for reduced regulatory stability.
The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on September 15, 2025, unless the NRC receives significant adverse comments from the public.
The NRC is undergoing a period of transition, including the unexpected departure of Commissioner Christopher Hanson.
The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to administrative agencies on the depth and breadth of environmental reviews required by the National Environmental Policy Act (NEPA).