|Yucca Mountain, a photo by NRCgov on Flickr.|
In addition to my regular posts in the Know Your Business Series, today I am starting a sub-series called News Update where I will post on current news events that I find interesting in the nuclear and mining industries.
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 appeals court said the case has important implications for the separation of powers between the executive and legislative branches of government.
“It is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies to disregard federal law in the manner asserted in this case by the Nuclear Regulatory Commission,” Kavanaugh wrote. “The commission is simply defying a law enacted by Congress … without any legal basis.”