Appeals court rules against EnergySolutions on nuclear waste

A federal appeals court ruled Tuesday that a nuclear waste group comprised of several Western states has the authority to regulate storage of low-level radioactive waste and can prohibit EnergySolutions from importing foreign waste. The ruling by the 10th U.S. Circuit Court of Appeals overturns a decision by U.S. District Judge Ted Stewart, who held that the Northwest Interstate Compact on Low-Level Radioactive Waste cannot regulate EnergySolutions’ Clive, Utah, facility. “It is important to remember the state of Utah conditioned the license it granted on the Clive Facility’s compliance with the authority of the Northwest Compact,” the court wrote in a unanimous opinion. “It is unlikely that Utah would have agreed to issue the necessary licenses if it was powerless to control the flow of waste past its borders.” The court returned the case to Stewart for further proceedings, although EnergySolutions said in July that it was abandoning its plan to import waste. Company CEO Val Christensen said Tuesday that the company would not appeal the decision, bringing the dispute to a close...more