Editorial: Little guy triumphs over the government

Wednesday, Sept. 27, 2000 | 9:50 a.m.

The state of Nevada has won a legal round in its battle with the federal government, which has targeted Nevada's Yucca Mountain as a high-level nuclear waste repository. Last week U.S. District Judge Roger Hunt dismissed a Department of Energy lawsuit, which challenged the state's denial of water rights for the project. The state engineer rejected the DOE's request, citing threats to public health, safety and Nevada's tourism economy.

Hunt noted that the state was within its rights to refuse the request since the DOE admitted it wants to build a repository. The judge also wisely relied upon established case law that says disputes over ground water should be settled in state courts, not in federal courts. The DOE may appeal Hunt's decision -- and the department has said it will truck in water to build a repository even if it loses the case. But last week's court victory still is an encouraging sign for Nevadans who oppose the disastrous plan of storing 77,000 tons of nuclear waste here.

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