Las Vegas prepared to sue if waste set for Yucca

Diana Sahagun

Wednesday, Jan. 9, 2002 | 11:09 a.m.

The city of Las Vegas stands ready to file a racketeering lawsuit against the federal government if Energy Secretary Spencer Abraham recommends Yucca Mountain as the nation's nuclear waste repository.

Las Vegas Mayor Oscar Goodman, a former criminal defense lawyer, on Monday said the City Attorney's office has prepared a lawsuit against the Energy Department under the federal Racketeer Influenced and Corrupt Organization Act.

Abraham, who toured Yucca Mountain Monday, also attended a final public hearing on the proposed repository last month in Las Vegas. Gov. Kenny Guinn said Abraham told him that his recommendation on Yucca Mountain to President Bush was "imminent."

In recent months the DOE has been accused of a conflict of interest in regard to hiring a law firm that had formerly worked for the pro-Yucca Nuclear Energy Institute. The firm, Winston & Strawn, did not disclose its relationship with the NEI, an Energy Department official later found.

Goodman said he would go to Washington this month to attend the U.S. Conference of Mayors in an effort to promote an alliance with cities along the highways that would be used to transport high-level nuclear waste.

The state also is pursuing litigation -- with help from private donations -- against the federal government. Last month, Clark County dedicated $1 million toward the total $15 million effort. Goodman said Monday that he had asked City Manager Virginia Valentine to set aside $100,000 from this year's budget to assist Guinn in the fight against locating the repository at Yucca Mountain, 90 miles northwest of Las Vegas.

In February 2001 the City Council directed City Attorney Brad Jerbic to research ways to file a lawsuit against the DOE for proposing the waste dump. In March of that year the council set aside $40,000 to help Jerbic with the effort.

Joe Strolin, administrator for the state Agency for Nuclear Projects, said Clark County will likely join forces with the state in fighting the recommendation, as opposed to filing a suit of its own.

He said the city's proposal was "intriguing," because it deals with a conspiracy to violate the law. Even though the state is planning litigation, Strolin said applying varied legal options could prove viable.

"I don't think (the state) has a position on what's the best approach, but one does not necessarily preclude the other," he said. "The city could file its own action in a couple of areas and also join as a partner with the state."