Tag: Nuclear Waste Policy Act

You Are Not The Law

Stand by for more of this:

In a rebuke to the Obama administration, a federal appeals court ruled Tuesday that the Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada.

By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department’s application for a never-completed waste storage site at Nevada’s Yucca Mountain.

In a sharply worded opinion, the court said the nuclear agency was “simply flouting the law” when it allowed the Obama administration to continue plans to close the proposed waste site 90 miles northwest of Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation’s nuclear waste repository.

“The president may not decline to follow a statutory mandate or prohibition simply because of policy objections,” Judge Brett M. Kavanaugh wrote in a majority opinion, which was joined Judge A. Raymond Randolph. Chief Judge Merrick B. Garland dissented.

We’re seeing a lot of this out of the Administration. The Obamacare employer mandate delayed by Presidential fiat, recess appointments when Congress is still in session pro forma, special dispensations for states. The Courts are finally pushing back. In fact, it’s thought that the NLRB appointment deal was made because Obama knew the Supreme Court would strike down his Labor Board appointees.

As frustrating as the process of government can be, the process exists for a reason. And it’s good to see the Courts pushing back on violations of the process.

As for Yucca Mountain itself, I’ve made my position on that issue clear: nuclear waste has to go somewhere and I can think of nowhere better than in a custom-designed facility fed by indestructible transport vehicles. The Democrats — supposedly the part of science — have engaged in relentless fear-mongering and politicking on this issue. I hope that the NRC will move on this but I doubt that they will. The irrational fear of the atom is just too strong.