One day after the Federal Government applied for a license to go ahead with a nuclear dump at Yucca Mountain, the state Attorney General is fighting back.
Catherine Cortez Masto says there are inconsistencies in the report and hundreds of holes in this application including two major problems Most notably, the plan is unauthorized and incomplete.
"We will continue to fight Yucca Mountain every step of the project."
Masto is filing a petition and calling the plan ill-conceived. She says it represents a last ditch effort to push the project into consideration before next year.
"It's politics," says the Attorney General. "It's the current administration trying to put in this process because they have concerns with the next administration that it may no longer exist."
In her appeal, the Attorney General says the application should have been filed 90 days within congressional action on the project, which occurred in 2002.
She and Bob Loux with the State Agency for Nuclear Projects are also concerned about EPA standards, which they say are not properly addressed.
"isn't that necessary? says Masto. "Isn't that your first step? to protect the health and safety of the individuals in there. And how can you know if they're going to be protected if you don't have the EPA standard which is so necessary."
The appeal now heads to the Nuclear Regulatory Commission for analysis.
Loux says he remains hopeful that the argument will be heard, but he has his doubts.
"Although we have many times accused them of being in bed with the (Department of Energy), they've always maintained their innocence. So we'll find out."
The State has spent over $120 million fighting this project since it was first introduced about 30 years ago.
The U.S. Energy Secretary has said he thinks the license application submitted Tuesday will be able to stand up to all challenges.