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Fifth Circuit Court of Appeals dismisses motion seeking to compel action on Yucca Mountain nuclear waste repository

Following recent efforts to block funding for the Yucca Mountain nuclear waste repository in Nevada, U.S. Sen. Dean Heller (R-NV) applauded a federal court’s decision to dismiss a motion filed by the State of Texas to compel action on the repository.

Heller previously worked to exclude $30 million for the storage of defense nuclear waste at Yucca Mountain in the National Defense Authorization Act, ensured that the U.S. Senate Appropriations Committee didn’t include funding for Yucca Mountain, and blocked funding for the nuclear waste repository in the omnibus government spending bill.

“A nuclear waste repository at Yucca Mountain has the potential to inflict immeasurable harm on the health and safety of Nevadans and our economy, and that’s why I’m pleased with the Fifth Circuit Court of Appeals’ decision (on June 1) to grant Nevada’s motion to dismiss,” Heller said. “I applaud (Nevada Gov. Brian Sandoval) and Attorney General Adam Laxalt for their diligent work to ensure that Nevada’s voice is heard to stop this failed project and I’ll continue to work with them both to kill any attempts to resuscitate Yucca Mountain.”

The State of Texas filed the motion to compel federal funding for the nuclear waste repository and to condense the Nuclear Regulatory Commission (NRC) licensing process to a year or less. The motion also sought to block the U.S. Department of Energy from using consent-based siting policies for nuclear facilities.

“Today’s decision comes after many hard fought legal efforts to protect Nevadans from the poster-child for federal overreach — a cram down of a nuclear waste repository at Yucca Mountain,” Laxalt said. “This victory proves Nevada is unified in its fight.”

Aaron Martin

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