The Corner

Yucca to Proceed

The state of Nevada lost its legal bid to prevent the siting a of a nuclear waste repository in Yucca Mountain. This morning, the U.S. Court of Appeals rejected all but one of the state’s claims in a 100-page opinion. Nevada’s only victory was a ruling that the facility would have to comply with envronmental standards beyond the 10,000 year period set by the EPA. (Pause and think about that. This is the year 2004 A.D., and a federal agency has to design regulations to control potential radiation leaks over 10,000 years in the future.) I have mixed feelings on the merits of the Yucca Mountain plan, but Nevada’s legal challenges were always a long shot. From a political standpoint, however, this decision cannot help the President, as the project is extremely unpopular in Nevada.

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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