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Notre Dame Law School

2016

Energy and Utilities Law

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Full-Text Articles in Law

Checks, Balances, And Nuclear Waste, Bruce R. Huber Jan 2016

Checks, Balances, And Nuclear Waste, Bruce R. Huber

Journal Articles

The Nuclear Waste Policy Act of 1982 established a process for siting and constructing repositories for nuclear waste. When Nevada’s Yucca Mountain emerged as a likely repository site, that state’s officials and allies exercised the numerous political and legal checks afforded by the Act and appear, at least for the time being, to have defeated the selection. But Nevada’s victory may well be the nation’s loss. In the absence of a national waste repository, nuclear power plant operators have no choice but to store spent nuclear fuel on site, where it presents a number of risks not contemplated by the …