Site-specific EIS ordered but injunctive relief deined in nuclear waste storage case

Journal Article · Tue Jan 01 04:00:00 EST 1980 · Nat. Resour. J.; (United States)

OSTI ID:5356099

Barnhart y Chavez, S

The Energy Research and Development Administration (ERDA) received appropriations in 1976-77 to construct 22 tanks for storage of high level radioactive wastes generated by its nuclear weapons materials production program. The tanks were to replace older, leaking tanks at the Hanford Reservation in Richland, Washington and the Savannah River Plant in Aiken, South Carolina. The Natural Resources Defense Council (NRDC) had unsuccessfully requested that ERDA obtain a construction permit from the Nuclear Regulatory Commission (NRC). NRDC also petitioned NRC to exercise its licensing authority over the tanks under Section 202(4) of the Energy Reorganization Act of 1974. In response to the NRDC request, ERDA claimed the tanks were only for short-term storage and therefore a license was unnecessary. NRC claimed it lacked jurisdiction over the tanks. NRDC filed suit in United States District Court for the District of Columbia, alleging that ERDA had violated Section 102(2)(C) of the National Environmental Policy Act, and that both ERDA and NRC had violated Section 202(4) of the Energy Reorganization Act. NRDC requested an injunction against further construction of the tanks. Although ERDA did not have to obtain an NRC construction permit for the nuclear waste storage tanks at Hanford Reservation and Savannah River Plant, the programmatic Environmental Impact Statement submitted was insufficient and site-specific statements must be prepared. Injunctive relief pending the statements was denied for the social and economic costs of delaying the tanks project. NRC decisions even remotely connected to its licensing power should be contested in federal courts of appeals, not district courts. The court gave NRDC a hollow victory by ordering a more specific EIS, but denying an injunction.

• OSTI ID: 5356099
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 20:1; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

055002* -- Nuclear Fuels-- Safeguards
Inspection
& Accountability-- Nontechnical Aspects
29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
98 NUCLEAR DISARMAMENT, SAFEGUARDS, AND PHYSICAL PROTECTION
CONSTRUCTION
CONTAINERS
DOCUMENT TYPES
ENVIRONMENTAL IMPACT STATEMENTS
HANFORD RESERVATION
HIGH-LEVEL RADIOACTIVE WASTES
LAWSUITS
LEGAL ASPECTS
LICENSING
MANAGEMENT
NATIONAL ORGANIZATIONS
RADIOACTIVE MATERIALS
RADIOACTIVE WASTE STORAGE
RADIOACTIVE WASTES
SAVANNAH RIVER PLANT
STORAGE
TANKS
US AEC
US DOE
US ERDA
US NRC
US ORGANIZATIONS
WASTE MANAGEMENT
WASTE STORAGE
WASTES