WASHINGTON — The Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada, a federal appeals court ruled Tuesday.
By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department's application for a waste site at Nevada's Yucca Mountain.
In a sharply worded opinion, the court said the nuclear agency was "simply flouting the law" when it allowed the Obama administration to continue plans to close the proposed waste site 90 miles northwest of Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation's nuclear waste repository.
"The president may not decline to follow a statutory mandate or prohibition simply because of policy objections," Judge Brett M. Kavanaugh wrote in a majority opinion, which was joined by Judge A. Raymond Randolph. Chief Judge Merrick B. Garland dissented in the case.
"It is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies to disregard federal law in the manner asserted in this case by the Nuclear Regulatory Commission," Kavanaugh wrote.
The court's decision was hailed by supporters of the Yucca site, which has been the focus of a dispute that stretches back more than three decades. The government has spent an estimated $15 billion on the site but has never completed it. No waste is stored there.
"This decision reaffirms a fundamental truth: The president is not above the law," said South Carolina Attorney General Alan Wilson. The Obama administration "cannot pick and choose which laws to follow and which to ignore," Wilson said.
The Obama administration, under pressure from Senate Majority Leader Harry Reid of Nevada, abandoned the project early in the president's first term. In 2011, the NRC allowed the shutdown to stand, citing "budgetary limitations" imposed by Congress.
Reid, a Democrat, called the appeals court decision "fairly meaningless." Congress has cut funding for Yucca and is unlikely to restore it, Reid said.
"This isn't even a bump in the road. This, without being disrespectful to the court, means nothing," Reid told reporters at a clean energy conference Tuesday in Las Vegas.
http://www.nytimes.com/aponline/2013/08/13/us/politics/ap-us-nuclear-waste.html?ref=aponline
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