Nevada may sue over Yucca oversight funding

Suzanne Struglinski

Monday, March 15, 2004 | 11:23 a.m.

WASHINGTON -- If the Energy Department does not increase the state's Yucca Mountain project oversight funding by today, Nevada is prepared to file a another lawsuit this week.

Bob Loux, executive director of the Nevada Agency for Nuclear Projects sent a letter to the department Feb. 23 threatening more legal action if it did not allocate an additional $4 million to the state to continue its work on the Yucca project.

Congress gave the state only $1 million, which is lower than the $5 million it received in past years. Gov. Kenny Guinn and Attorney General Brian Sandoval wrote the department last year on the issue, but received no response.

Loux said he had received nothing from the department so far, but he had not received today's mail yet. He said it is "very likely" a lawsuit would be filed this week if he does not receive anything.

"We will respond," said Yucca Mountain Project spokesman Allen Benson on Friday, but could not say what the response would say or if the department would satisfy today's deadline.

The case would be filed in the U.S. Court of Appeals for the District of Columbia.

The state already has three other legal complaints pending against the department in the same court. Oral arguments took place Jan. 14 and state lawyers expect a decision sometime this spring.