The Corner

Mixed Feelings

Jonah — I totally agree that Nevada’s legal arguments were weak, and many of the environmental concerns overstated. Nonetheless, I am not sure how I feel about the federal government a) taking responsibility for all of the nuclear waste in the nation, b) constructing a massive public works project to handle all of the waste in a single place, and c) pretending as if it can create regulatory controls that will continue to serve their purpose 100 years from now, let alone over 10,000 as the law requires. Do I have a better alternative? I’m not sure. Without a doubt there has been so much federal meddling in the nuclear industry — both in terms of regulatory controls and federal subsidies — that the feds cannot exactly walk away. Still, I am not convinced that this project was the best, or even least bad, alternative.

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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