Closing Yucca Mountain: Litigation Associated with Attempts to Abandon the Planned Nuclear Waste Repository [July 5, 2011] [open pdf - 294KB]
"Passed in 1982, the Nuclear Waste Policy Act (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation's most highly radioactive nuclear waste. The NWPA requires DOE to remove spent nuclear fuel from commercial nuclear power plants, in exchange for a fee, and transport it to a permanent geologic repository or an interim storage facility before permanent disposal. Defense-related high-level waste is to go into the same repository. In order to achieve this goal, and in an effort to mitigate the political difficulties of imposing a federal nuclear waste facility on a single community, Congress attempted to establish an objective, scientifically based multi-stage statutory process for selecting the eventual site of the nation's new permanent geologic repository. Congress amended the NWPA's site selection process in 1987, however, and designated Yucca Mountain, Nevada, as the sole candidate site for the repository by terminating site specific activities at all other candidate sites. […] While the result of the ongoing dispute over the legality of the attempted termination of the Yucca Mountain program remains uncertain, the change of control in the House of Representatives could have a significant impact on the fate of the Yucca Mountain facility. A number of leading House Republicans have voiced strong opposition to shutting down the Yucca Mountain facility. Consequently, the Yucca Mountain dispute may not only be played out before the NRC and the D.C. Circuit, but also in the House of Representatives, in the form of appropriations disputes and oversight hearings."
CRS Report for Congress, R41675