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Friday, April 12, 2002
Copyright Las Vegas Review-Journal

Yucca opposition expands litigation

Latest lawsuit calls licensing rule `unlawful'

By STEVE TETREAULT
STEPHENS WASHINGTON BUREAU

WASHINGTON -- The list of lawsuits Nevada has filed against the Yucca Mountain project grew on Thursday.

A new lawsuit charges the Nuclear Regulatory Commission adopted an "unlawful" licensing rule in November for the proposed nuclear waste repository.

Nevada officials say the NRC rule ignored a requirement by Congress that Yucca Mountain be judged primarily on the ability of its natural features to prevent radioactive waste from leaching into the environment.

Nevada sued the Energy Department in December on the same issue. The DOE has responded its actions were legal and proper.

The new lawsuit requests the NRC regulation be thrown out and the agency be forced to adopt a new one. NRC officials could not be reached for comment Thursday evening.

Meanwhile on Capitol Hill, a Texas congressman introduced a formal resolution in the U.S. House to overturn Gov. Kenny Guinn's veto of the Yucca Mountain site recommendation.

Rep. Joe Barton, R-Texas, submitted the legislation with 11 co-sponsors. House Speaker Dennis Hastert, R-Ill., plans to have the full House vote on the measure in early May, possibly before May 12.

Yucca Mountain hearings that had been planned for late April and May were rescheduled Thursday to accommodate Hastert's voting schedule.

Nevada's lawsuit against the Nuclear Regulatory Commission became the fifth Yucca-related lawsuit in the courts, with another being planned by Nevada lawyers to be filed soon.

Clark County and the City of Las Vegas joined as petitioners in the lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit.

In June, Nevada submitted a court challenge to Yucca Mountain radiation standards issued by the Environmental Protection Agency. In December and in February, lawsuits were filed challenging Energy Department site rules that formed the basis for President Bush's decision to recommend Yucca Mountain for waste burial.

The state and the Energy Department also are battling in court in Nevada over water permits for the Yucca Mountain study site 100 miles northwest of Las Vegas.


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