Nuclear Dump Site Studies Permitted
SAN FRANCISCO — States can conduct their own studies of proposed nuclear waste dump sites and the government has to pay for the tests, the U.S. 9th Circuit Court of Appeals ruled Monday.
The court threw out Department of Energy rules limiting a state’s independent review of proposed sites, saying restrictions against such studies are illegal.
The government was ordered by the court to pay an estimated $2.1 million to the state of Nevada for underground hydrologic and geologic testing of a proposed Yucca Mountain site.
The ruling will help Washington, Texas, Mississippi, Louisiana and Utah, which are also under consideration as potential sites for nuclear waste, Nevada Deputy Atty. Gen. William Isaeff said.
The Department of Energy argued that Nevada’s proposed tests would duplicate studies it has already conducted.
The appeals court declared illegal parts of the department guidelines that it said would “minimize independent collection of primary data” and “undermine the independent oversight role that Congress envisioned for the states.”
The guidelines required department approval of tests before states could get money, and required that duplication of study be avoided.
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