Jonah — You’re correct that both sides are claiming victory int he Yucca case. The reason I believe the decision is a defeat for Nevada is that the state sought to claim that the federal government could not impose its site selection on the unconsenting state. This was a losing argument, and the Court rejected it. Where Nevada won was on the issue of the radiation standard for the facility. The court found that the EPA had adopted a radiation standard without sufficeintly considering the views of a National Academy of Sciences report on the subject. Without a doubt this requires the EPA and Energy Department to do more work on the regulations governing the facility, and knocks the schedule back, but I believe this merely delays the inevitable. Specific regulatory standards are remanded all the time without invalidating the underlying government program or regulatory initiative, and I believe that is the case here. No doubt Nevada will sue again (and again, and again), and they may even be able to delay the the site’s operation a little more, but unless they find a better legal hook than those they presented to the court in this litigation, or unless Congress changes its mind, I believe Yucca will eventually become the repository for the nation’s nuclear waste.
Well, we all knew it wouldn’t last. Weeks after two different Ninth Circuit panels surprisingly upheld Second Amendment rights by blocking California’s confiscation of large-capacity magazines and Hawaii’s ban on open carry, the nation’s most progressive circuit returned to form. In a ruling earlier this ... Read More
Trumpism is sometimes derided as an updated know-nothingism that rejects expertise and the input of credentialed expertise. Supposedly, professionals who could now save us tragically have their talent untapped as they sit idle at the Council on Foreign Relations, the economics Department at Harvard, or in the ... Read More
After eight years of displeasure with Barack Obama’s presidency, Carla Johnson was ready for a drastic change. The 41-year-old lab technician from Cresco, Iowa, fell for Donald Trump very early in the 2016 primary season. She loved his “take-no-[sh**]” style, his conservative stances on gun control and ... Read More
Let’s take a short walk down memory lane. Not long ago, on January 2, 2016, a small group of armed protesters seized an unoccupied federal building in the Malheur National Wildlife Refuge. The refuge is located in a relatively isolated area in eastern Oregon, and the occupied building itself was far from any ... Read More
People are making this so complicated. A couple of weeks ago, the New York Times editorial board hired a technology writer, Sarah Jeong. When it was revealed that she had tweeted barbs against white people, conservatives formed a Twitter mob to demand her dismissal. While a few on the right said — or claimed ... Read More