nuclear-news

A novel idea for nuclear waste plans – ban lawsuits!

Lawmaker suggests limiting judicial review of nuclear waste sites Las Vegas Review Journal, BY STEVE TETREAULT STEPHENS WASHINGTON BUREAU   Feb. 8, 2012  WASHINGTON — The nuclear waste blue ribbon commission has recommended the government try a new cooperative approach to recruit volunteer states to host a high-level radioactive waste site.

But when several commissioners testified Wednesday in Congress, Rep. Mo Brooks, R-Ala.,
offered another idea — don’t allow lawsuits.

Brooks, a member of the House Science, Space and Technology Committee,
noted how difficult it could be to find a site that would be
environmentally sound and also secure as well as agreeable to a host
of state, county and local leaders.

“Did you all spend any time considering other options other than
seeking consent, such as changing the laws that enable communities
around the country to go to court and delay the process almost
indefinitely, or in this case years if not decades?” he asked……
The courts long have been the battleground for countless lawsuits that
seek to delay or kill projects that plaintiffs believe are flawed or
dangerous, or where they charge the government has not followed laws
to protect the public and the environment.

Besides probably being unconstitutional, Richard Meserve, a blue
ribbon commission member and former chairman of the Nuclear Regulatory
Commission, shot down the idea of limiting judicial review.

“We have a wide array of laws that involve public involvement,”
Meserve said. “I would think there would be outrage if we were to
somehow circumvent, for example requirements that you have
environmental impact statements that involve public input and give
opportunity for judicial review.

“I would seriously question whether a cram-down solution would be
likely to be consistent with the way we have handled difficult
solutions in our country over the years,” he said.

Brooks asked what the commission has lined up as a “Plan B” if no
volunteers emerge.

“We don’t have a Plan B,” said the commission co-chairman, Brent
Scowcroft. “We believe this is a political process and you are the
political experts. There is no magic thing where you can wave a wand
and think this is perfect, let’s go.”
That said, Scowcroft said, ways have been found to place unpleasant
projects such as prisons as well as other forms of waste disposal
sites. “All kinds of disagreeable things can be made agreeable under
certain circumstances,” he said.

Meanwhile, lawmakers were told the Department of Energy will report to
Congress in six months with a new strategy expected to be based in
part on the findings of the expert panel…..
http://www.lvrj.com/news/lawmaker-suggests-limiting-judicial-rev

February 9, 2012 - Posted by Christina Macpherson | Legal, USA