Nevada officials hail court decision dismissing Yucca suit

Published: Jun. 1, 2018 at 8:36 PM PDT
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Nevada officials are hailing a decision by a federal court to dismiss a lawsuit by the state of Texas to force a decision on whether to license Yucca Mountain as the nation’s nuclear waste repository.

The 18-page decision by the Fifth Circuit Court of Appeals in New Orleans filed on Friday lists several problems with the attempt by Texas to move the Yucca Mountain issue forward, but concludes:

“We hold that Texas’s claims do not satisfy the statutory requirements of timeliness or finality, and we therefore must dismiss them.”

The Nevada Attorney General’s Office announced the decision Friday.

"As governor of Nevada, I am incredibly pleased by today's motion to dismiss," Gov. Brian Sandoval said in a statement released by the attorney general’s office. "Our state has long been united in the fight against Yucca Mountain and, whether in court or in Congress, we will continue to oppose the siting of a nuclear waste repository in our great state."

U.S. Sen. Dean Heller also praised the decision and said he will continue to work in the senate to kill the project, which was revived this year in the House of Representatives.

“A nuclear waste repository at Yucca Mountain has the potential to inflict immeasurable harm on the health and safety of Nevadans and our economy, and that’s why I’m pleased with the Fifth Circuit Court of Appeals’ decision today to grant Nevada’s motion to dismiss,” Heller said in a statement.

Deputy Solicitor General Jordan Smith wrote in Nevada’s filings that if Texas succeeded, it would “short-circuit the current legislative process, hamper Nevada’s ability to present its case in full and fair licensing and adjudicatory hearings, and ultimately shove a flawed and dangerous nuclear waste dump on Nevada and its citizens.”