Fw: Public Citizen Press Release - Yucca Mountain Suits Go Forward

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MM Comments: Here is one more " outrage', for Nevada!

----- Original Message -----

From: " Little " <slittle@...>

Sent: Monday, March 18, 2002 4:25 PM

Subject: Public Citizen Press Release - Yucca Mountain Suits Go Forward

CITIZEN ACTION COALITION OF INDIANA

CITIZEN ALERT

NATURAL RESOURCES DEFENSE COUNCIL

NEVADA DESERT EXPERIENCE

NEVADA NUCLEAR WASTE TASK FORCE

NUCLEAR INFORMATION AND RESOURCE SERVICE

PHYSICIANS FOR SOCIAL RESPONSIBILITY

PUBLIC CITIZEN

March 18, 2002

Court Agrees to Hear Challenge to EPA Rule for Yucca Mountain Nuclear Dump

Environmental, Public Interest Groups Contend Standard Is Too Lenient

WASHINGTON, D.C. - A lawsuit challenging the U.S. Environmental Protection

Agency's (EPA) controversial standards for a proposed nuclear waste dump in

Nevada has survived a critical hurdle.

In a March 12 order, the District of Columbia Circuit Court of Appeals

agreed to hear the merits of three lawsuits challenging the standards. Last

June, a coalition of national and Nevada-based environmental and public

interest organizations filed a lawsuit charging that EPA's rule was too

lenient because it allows the U.S. Department of Energy to permit

radioactive waste to leak from the dump rather than ensure it is contained.

The case was later consolidated with lawsuits from the state of Nevada and

the Nuclear Energy Institute.

In November, the EPA asked that the case be dismissed on the grounds that

approval had not yet been granted to construct the proposed repository at

Yucca Mountain. The petitioners countered that the EPA rule sets the

standard by which the project's suitability is assessed and that officials

were already relying on the rule to make decisions.

In last week's order, the court decided not to dismiss the case. Instead, it

ruled that the question of dismissal should be taken up when the court

considers the merits of the case.

" This is a victory, although it's only the first step, " said Geoff Fettus,

an attorney with the Natural Resources Defense Council. " We will ask the

court to overturn the weakest aspects of EPA's Yucca Mountain radiation

protection standards in order to protect the environment and public health. "

Added said Gue, policy analyst with Public Citizen's Critical Mass

Energy and Environment Program, " The EPA's inadequate standards provided a

basis for Energy Secretary Spencer Abraham's recommendation in favor of the

proposed repository. This clear example of undercutting environmental

regulations to allow a fundamentally flawed project to move forward sets an

unacceptable precedent. "

It is unlikely that the case will be resolved before Congress votes on the

Yucca Mountain proposal later this year.

###

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