Who regulates the disposal of low-level radioactive waste under the Low-Level Radioactive Waste Policy Act
The present existence of immense quantities of low-level nuclear waste, a federal law providing for state or regional control of such waste disposal, and a number of state disposal laws challenged on a variety of constitutional grounds underscore what currently may be the most serious problem in nuclear waste disposal: who is to regulate the disposal of low-level nuclear wastes. This problem's origin may be traced to crucial omissions in the Atomic Energy Act of 1946 and its 1954 amendments (AEA) that concern radioactive waste disposal. Although the AEA states that nuclear materials and facilities are affected with the public interest and should be regulated to provide for the public health and safety, the statute fails to prescribe specific guidelines for any nuclear waste disposal. The Low-Level Radioactive Waste Policy Act of 1980 (LLRWPA) grants states some control over radioactive waste disposal, an area from which they were previously excluded by the doctrine of federal preemption. This Comment discusses the question of who regulates low-level radioactive waste disposal facilities by examining the following: the constitutional doctrines safeguarding federal government authority; area of state authority; grants of specific authority delegations under the LLRWPA and its amendment; and finally, potential problems that may arise depending on whether ultimate regulatory authority is deemed to rest with single states, regional compacts, or the federal government.
- OSTI ID:
- 6961191
- Journal Information:
- Journal of Energy Law and Policy; (USA), Journal Name: Journal of Energy Law and Policy; (USA) Vol. 9:1; ISSN JELPE; ISSN 0275-9926
- Country of Publication:
- United States
- Language:
- English
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AMENDMENTS
CLEAN AIR ACT
COMPACT COMMISSIONS
CONSTRAINTS
CONTROL
DRINKING WATER
HYDROGEN COMPOUNDS
IMPLEMENTATION
LAWS
LEGAL ASPECTS
LOW-LEVEL RADIOACTIVE WASTES
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MATERIALS
NATIONAL GOVERNMENT
NUCLEAR WASTE POLICY ACTS
OXYGEN COMPOUNDS
POLLUTION CONTROL
POLLUTION LAWS
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RADIOACTIVE MATERIALS
RADIOACTIVE WASTE DISPOSAL
RADIOACTIVE WASTES
REGULATIONS
STATE GOVERNMENT
WASTE DISPOSAL
WASTE MANAGEMENT
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WATER
WATER POLLUTION CONTROL