Federal judges throw out Nevada challenge to Yucca Mountain plan | TahoeDailyTribune.com

Federal judges throw out Nevada challenge to Yucca Mountain plan

LAS VEGAS (AP) – A panel of federal judges in Washington, D.C., have thrown out a Nevada lawsuit against the Yucca Mountain project, citing technical grounds.

The lawsuit sought to force the Nuclear Regulatory Commission to change a regulation that presumes a nuclear waste repository will be open and operating by 2025.

Nevada attorneys told a three-judge panel Sept. 14 that the so called “waste confidence” rule would tilt the NRC in favor of approving the repository being planned for Yucca Mountain, 90 miles northwest of Las Vegas.

But the judges, sitting in the U.S. Court of Appeals for the District of Columbia Circuit, dismissed the case in an unpublished ruling filed last Friday.

They decided it was too early for the state to claim it would be harmed from NRC licensing matters that might take place years from now.

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