NEVADA’S PENDING LEGAL CHALLENGES

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· DOE unlawfully rejected Congress’ Requirement that the Repository be “primarily” a geologic repository (D.C. Court of Appeals).

· DOE failed to report back to Congress that the site was in fact found by DOE to be geologically unsuitable (D.C. Court of Appeals).

· The Secretary’s Recommendation was Unlawful (D.C. Court of Appeals).

u Relied on gerrymandered, unlawful siting rules.

u Ignored geologic unsuitability of the site.

u Failed to transmit required information to the Governor.

u Failed to publish a Record of Decision on the Environmental Impact Statement.

· The EPA’s health and safety standards for licensing the Yucca Mountain repository are arbitrary, capricious, and unlawful (D.C. Court of Appeals).

· The President’s approval of the Yucca Mountain site was unlawful, insofar as it was premised on application of unlawful site suitability rules (D.C. Court of Appeals).

· Defense of State Engineer’s decision to deny water permits to DOE (Federal District Court, Las Vegas).

· Nevada will mount a major challenge at the Nuclear Regulatory Commission to the licensing of the repository.