But the appeals court says: Prove it. The NRC "apparently has no long-term plan other than hoping for a geologic repository," the court ruled in a unanimous decision. Nuclear fuel could stay where it is permanently, the court surmised, so NRC must assess the potential environmental effects of that outcome.
US courts will rule on anything at any time. That's why they won't get another nuclear plant, and they won't be able to dump nuclear waste in North Dakota. This ruling attempts to force an assessment of leaving waste in boiling pools and rusty barrels. Really, they could just come up with a one-liner report, or appeal it to the wazoo. We only wait and wonder.... :)