Utah's nuclear waste regulations hits snag

The federal government alone, not individual states, has complete authority to license and regulate the transportation and storage of high-level nuclear waste, a federal appeals court ruled Wednesday.

The decision from the 10th U.S. Circuit Court of Appeals is the latest in a series of setbacks to the state's battle to keep spent nuclear fuel out of Utah. The state had sought to overturn a July 2002 decision that struck down a series of laws passed between 1998 and 2001 that strictly regulated, or at least heavily taxed, the presence of nuclear waste.

The statutes, shepherded through by former Gov. Mike Leavitt, were specifically designed to block the storage of 40,000 tons of nuclear waste on tribal lands owned by the Skull Valley Band of Goshutes in the west desert.

In agreeing with U.S. District Judge Tena Campbell that the laws conflict with existing federal law, the appeals court also noted the sensitive nature of the issue.

"In holding the Utah statutes pre-empted, we do not denigrate the serious concerns of Utah's citizens and lawmakers regarding spent nuclear fuel, a matter which presents complex technological, economic and political challenges to those seeking effective solutions," the unanimous ruling states.

"However, in the matter of nuclear safety, Congress has determined that it is the federal government and not the states that must address the problem."

No decision had been made Wednesday night about a possible appeal to the U.S. Supreme Court, said Amanda Covington, spokeswoman for Gov. Olene Walker.

"We're in the process of reviewing the ruling and determining the next steps," Covington said. "However, it's important to recognize that we'll continue to oppose the storage of high-level nuclear waste in Utah."

A spokeswoman for Private Fuel Storage, the consortium of nuclear power facilities that has leased land from the Goshutes, said the decision makes clear that the proper place for the state to raise its concerns about the proposed facility is with the U.S. Nuclear Regulatory Commission.

"This decision affirms the fact that there is a legal process for raising issues and concerns about a project like this," spokeswoman Sue Martin said. "The state has been participating in that process for the past seven years, so they have had seven years worth of opportunities to raise their concerns and have them addressed."

The ruling will not have an immediate impact on PFS' attempts to bring nuclear waste to Utah. A hearing on the issue is scheduled to begin Monday before the three-member Atomic Safety and Licensing Board.