Federal court allows Yucca Mountain case to proceed

By Cy Ryan

Friday, Dec. 10, 2010 | 2:10 p.m.

CARSON CITY – A federal appeals court has ruled that a lawsuit aimed at stopping work on a nuclear dump at Yucca Mountain can go forward.

The U.S. Court of Appeals in Washington, D.C., has lifted its stay on the legal action filed in Aiken County, S.C., which said the U.S. Department of Energy has no authority to scrap the Yucca Mountain plans.

“This news gets it off the dime,” says Bruce Breslow, executive director of the Nevada Agency for Nuclear Projects. Nevada and the Department of Energy must file a brief by Jan. 3 saying the energy department has the authority to stop work on this project.

Aiken County, the states of Washington and South Carolina and the National Association of Utility Regulators have joined in a suit that argues the Department of Energy has no authority to end its work at the site in Southern Nevada. They maintain only Congress can decide whether the Yucca Mountain project can go forward.

President Obama has not included any money in his budget for the energy department to proceed with the project. The case has been on hold in the appeals court.

Breslow said the federal appeals court was waiting for the Nuclear Regulatory Commission to make its decision on the energy department's authority. He said the regulatory commission has disclosed that its members have voted, but it hasn't released its decision to the public.

In the meantime, the appeals court is deciding to move ahead with the suit.

Once the Nuclear Regulatory Commission makes its decision, it likely will be appealed, Breslow said.

The appeals court has also ordered an expedited schedule for the filing of briefs in the case. Nevada and the Department of Energy must submit their brief by Jan. 3 and final briefs are due Feb. 8 at the appeals court.