LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

STATE OF NEVADA v US DEPT OF ENERGY Click to find out why . . .



Keywords & Phrases
CaseNo: SONVUDOE170395, CourtCode: AP, CourtName: IN THE UNITED STATES COURT OF APPEALS, Plaintiff: STATE OF NEVADA, State: NV Nevada, UniqueCaseRef: LCD>SONVUDOE170395, Doe, Waste, Guidelines, Repository, Yucca Mountain, Nwpa, Geology, Petition, Suitability, Nuclear Waste, Review, Determination, Isolation, United States, Nevada, Permanent, Congress, Pursuant, High-level, Energy, Cfr, Characterization Activities, Radioactive Waste, Recommendation, Criteria, Publishing, Design, Policy Act, Legislature, Candidate Site , ContentID: 120250218

Case Documents
1 2001-12-17 PETITION
[ see first page and extracted highlights below  ] ItemID: 124093
10 pages
PDF
Total Documents: 1 document , 10 pages
Price: $ 19.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . PETITION

EXTRACTED KEY WORDS
WASTE
GUIDELINES
REPOSITORY
YUCCA MOUNTAIN
NWPA
GEOLOGY
PETITION
SUITABILITY
NUCLEAR WASTE
REVIEW
DETERMINATION
ISOLATION
UNITED STATES
NEVADA
PERMANENT
CONGRESS
PURSUANT
HIGH-LEVEL
ENERGY
CFR
CHARACTERIZATION ACTIVITIES
RADIOACTIVE WASTE
RECOMMENDATION
CRITERIA
PUBLISHING
DESIGN
POLICY ACT
LEGISLATURE
CANDIDATE SITE
                       IN  THE  UNITED  STATES  COURT  OF  APPEALS

                       FOR  THE  DISTRICT          OF  COLUMBIA      CIRCUIT


 STATE  OF NEVADA,                                       1
                                                         >
                                  Petitioner,            >
                                                         >
            V.                                           )     Case No.
                                                         >
UNITED  STATES  DEPARTMENT                               >
OF ENERGY,  SPENCER  ABRAHAM,                            )
SECRETARY,                                               >
                                                         1
                                  Respondents.           >


                                    PETITION       FOR  REVIEW

       The  State of  Nevada,  by  and through  its undersigned  attorneys,  and pursuant

to  Rule  15(a) of  the Federal  Rules of  Appellate  Procedure,  hereby  petitions  the

Court  for  review  of  final  agency action  of  the U.S.  Department  of  Energy

(hereinafter  "DOE"),  such action  being  contrary  to the applicable  provisions  of

federal  law  and exceeding  the jurisdiction  of  DOE,

       1.          The  challenged  fmal  agency  action  is DOE's  issuance of  the combined

final  rules,  "Office  of  Civilian  Radioactive  Waste Management;  General

Guidelines  for  the Recommendation  of  Sites for  Nuclear  Waste Repositories;

Yucca  Mountain  Site  Suitability  Guidelines,"  10 CFR  Parts 960  and 963

(collectively,  the "Guidelines").  DOE's  Guidelines,  which  amend existing  Part


PETITION  FOR  REVIEW
PAGE  1



960 and add a wholly  new  Part 963, purport  to  delineate  the criteria  and

methodology  to be applied  by  DOE  for  evaluating  the suitability  of high-level
SNIPPETS:
  • The State of Nevada, by and through its undersigned attorneys, and pursuant
  • Court for review of final agency action of the U.S. Department of Energy
  • federal law and exceeding the jurisdiction of DOE,
  • "Office of Civilian Radioactive Waste Management;
  • Guidelines for the Recommendation of Sites for Nuclear Waste Repositories;
  • Yucca Mountain Site Suitability Guidelines," 10 CFR Parts 960 and 963
  • PETITION FOR REVIEW PAGE 1
  • methodology to be applied by DOE for evaluating the suitability of high-level
  • and of the proposed Yucca Mountain
  • rulemaking by publishing a Notice of Proposed Rulemaking on December 16,
  • of DOE's site suitability criteria,
  • DOE published its final rule, 10 CFR Parts 960 and 963,66 Fed.
  • The proposed Yucca Mountain waste repository is located within the State
  • DOE pursuant to the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. 6
  • United States Courts of Appeals with original and exclusive jurisdiction over this
  • NWPA, 42 U.S.C. 5 10139.
  • isolation is the preferred alternative for the permanent disposal of these wastes.
  • terms and legislative history of the Nuclear Waste Policy Act of 1982,
  • Congress has given DOE
  • to fashion alternative guidelines for determining the suitability of a candidate site
  • requires DOE to carry out site characterization activities at the Yucca Mountain
  • could never be used to compensate for inferior geology.
  • legislature of Nevada, and failed to report to Congress.
  • In blatant disregard of the fundamental purpose and design of the
  • the Guidelines permit a determination by the Secretary of "repository"
  •    |