7 Comments

  1. They would never win a lawsuit to overturn the rule. Courts give great deference to regulatory agencies. It is often called “Chevron deference” after a lead case on the issue.

  2. Not to belabor the obvious or anything, but one might observe we’ve some 70,000+ tons of this stuff sitting around in casks that isn’t going to go away just by wishful thinking. If Drs. Cooper and Makhijani, and Diane Curran don’t like it just sitting there in well-guarded facilities awaiting further productive use, they are free to propose, and lobby for, practical alternatives.

    Yes, I know the mantra goes “But if we don’t have a safe way to dispose of it, we really have no choice but not to generate any more.” The same might be said for carbon dioxide, with the caveat that radioactive waste lightly-used nuclear fuel will dispose of itself far more rapidly than will atmospheric CO2.

    And not trip any global tipping points in the interim. I hear none of the anti-nuclear activists calling for the immediate and total cessation of fossil fuel production. Rod’s previous article indicates something quite the contrary.

  3. That is a great read.

    I wish SS accepted WP or TypePad logins for verification, though.  Very annoying to have on-topic contributions and no way to add them.

  4. Just request an account like anywhere else. AFAIK all operating systems have account/password organizers. They take a little getting used to, but only a little. You’ll never look back. I use MyPasswordSafe on Linux, but there are others.

  5. It is one thing to make press reserving the option of bringing a NEPA action against the NRC, but a big difference in actually assembling the attorneys and the war-chest to fight a final EIS in Federal Court, and to what end? One remark in the latest EIS analysis, “How many times do we evaluate the effect of zero effect.”

  6. I am still struggling to understand how they can claim a legal case.

    Admittedly I haven’t spent much time reviewing the documents, however their whole case rests on NEPA grounds (National Environmental Policy Act of 1969). Nowhere in their case is any mention of NWPA (Nuclear Waste Policy Act)

    NEPA doesn’t supersede NWPA nor does NWPA supersede NEPA.

    So since the NRC has fulfilled the legal requirements of generating an environmental impact statement, what legal standing does this new case have to stand on? The EIS fulfills the requirements of NEPA, and long term storage is not the NRC’s realm per NWPA.

    However, NUREG-2157 even goes beyond a typical EIS by addressing 3 separate timelines. Which does get into NWPA area so the NRC should be covered legally.

    The 2010 court case did not force the NRC to stop issuing licenses. That was a decision made at the commission level. And unless memory is failing me, that was a Jaczko thing

    What is the legal strategy here other then “we don’t like nuclear power”?

Comments are closed.

Similar Posts

  • What do you do with the waste? – Kirk Sorensen’s answers

    Gordon McDowell, the film maker who produced Thorium Remix, has released some additional mixes of material gathered for that production effort. One in particular is aimed at those people whose main concern about using nuclear energy is the often repeated question “What do you do with the waste.” Many people who ask that question think…

  • What should we do with the waste?

    It’s time to declare that the default argument against nuclear energy has been proven invalid. We know how to effectively store and protect used nuclear fuel. We do it routinely. It is not unusually costly or a burden on future generations. They should be free to make their own decisions about how to make the…

  • Jaczko hearings a depressing example of partisan power politics

    I am a deeply disappointed supporter of many Democratic platform planks who strongly believes in protecting the environment, building a strong educational system that is freely available to all comers, enabling workers to earn a decent wage for their hard work, increasing the number of jobs available to all residents of the United States, building…

  • Moon Jae-in Making Friends By Promising To Buy More Gas

    During his successful campaign to become South Korea’s president, Moon Jae-in promised to dramatically increase South Korea’s natural gas consumption. Within weeks of taking office, he took several concrete steps towards fulfilling that promise. He announced the near-term closure of 10 coal plants, he allowed the operating license to expire as scheduled for South Korea’s…

  • Warning: Amory Lovins is influencing national security decision makers

    Amory Lovins recently visited the Pentagon. After a glowing introduction by the flag officer who is in charge of fleet readiness and logistics for the US Navy, Lovins told people who are tasked with looking into the future and planning budgets that human society is moving from an age of carbon to an age of…

  • Jacobson misuses LNT to purposefully exaggerate effects of Fukushima radiation

    Mark Z. Jacobson, a professor of civil and environmental engineering at Stanford University, has a well known belief that human society can be powered entirely by wind, water, and sunlight. He was a coauthor with Mark A. Delucchi for a November 2009 Scientific American cover article titled A Path to Sustainable Energy by 2030. The…