There should be third and fourth questions. Dollars. Safety/security. If nuclear power plants make a pretty penny storing and safely securing HLW on their own properties, will it be cheaper storing/securing it in SW Texas? What would have been the cost to taxpayers in Yucca vs West Texas vs all the nuclear plants storing their own. Security of HLW at the 3 options would also have to be ranked.
The SCOTUS won't look at any of it. It's just a legal angle for them. So we'll have nine justices, not a single one with any security, engineering or science background, sealing our fate.