Nevada v. Herrington: an ineffective check on the DOE
In this decision, the United States Court of Appeals for the Ninth Circuit held that Nevada was entitled to Department of Energy (DOE) funding for certain hydrologic and geologic studies of the Yucca Mountain site. This site is located in Nye County, Nevada and could be selected as America`s first high-level nuclear-waste repository. The studies` purpose is to provide independent state examination of the area`s repository suitability. The court applied statutory construction principles to the Nuclear Waste Policy Act of 1982 (NWPA) to reach its decision. The decision has significance for its support of states` pre-site characterization funding rights, for the manner in which the court determined that DOE was not acting within the scope of the NWPA, and for underlying concerns left unaddressed. This Note provides background for and analysis of this decision. Factors necessitating the NWPA`s passage are outlined, followed by a sketch of the events leading to this lawsuit. The court`s review standard and NWPA analysis based on the statute`s language and underlying congressional intent are explained. The decision is then analyzed and critiqued. Finally, a perspective viewing DOE as dangerously out of touch with NWPA statutory mandates and unrestrained in the repository selection process is expressed.
- OSTI ID:
- 60463
- Journal Information:
- Journal of Energy Law and Policy, Journal Name: Journal of Energy Law and Policy Journal Issue: 2 Vol. 8; ISSN 0275-9926; ISSN JELPET
- Country of Publication:
- United States
- Language:
- English
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