Can you say `N`? NIMBY, NWPA and nuclear Preemption
In Nevada v. Watkins, the Ninth Circuit Court of Appeals upheld the constitutionality of the 1987 NWPA amendments, which enabled the continued site characterization of Yucca Mountain and thwarted Nevada`s attempt to ban nuclear waste within its borders. The Watkins court ruled that Nevada`s statute, which banned nuclear waste, was preempted by NWPA. Nevada, like many states has passed laws that limit the storage, transportation or disposal of nuclear waste within its state boundaries. These statutes will meet the same fate as the one struck down in the Watkins decision - that is, until states rights in the area of nuclear energy are clarified. This note examines Watkins` application of the preemption doctrine, as well as general preemption principles, to determine what avenues may still be open to states seeking to regulate the disposal of nuclear waste. The Watkins decision neither discussed the fully authority of NWPA nor defined the extent of the federal government`s preemption of state regulation of nuclear waste disposal. However, Watkins seems to solidify the rationale of other recent court decisions holdings that Congress has occupied the nuclear-energy field. This interpretation could effectively eliminate any state regulatory power over the nuclear-energy field, including nuclear-waste disposal.
- OSTI ID:
- 144904
- Journal Information:
- Natural Resources Journal, Vol. 33, Issue 2; Other Information: PBD: Spr 1993
- Country of Publication:
- United States
- Language:
- English
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