New York University Public Law and Legal Theory Working Papers

Document Type

Article

Comments

NYU Environmental Law Journal, Vol. 17, No. 1, 2008

Abstract

The current U.S. system of nuclear waste law and policy is bankrupt. Twenty years after the designation by Congress of Yucca Mountain as the only potential site for a deep geologic repository to receive spent nuclear fuel and high level waste from reprocessing, the proposed Yucca repository remains mired in controversy and unremitting opposition by Nevada. There is no prospect for an alternative repository or for the development of a federal consolidated storage facility. The volume of these wastes already exceeds the current maximum storage capacity set by Congress for Yucca and continues to grow. This article first provides a brief overview of nuclear wastes and a summary history of federal nuclear waste law and policy to date. It then diagnoses the major failures in the current design and proposes a suite of new measures to launch a comprehensive new approach, including a reconsideration of the ethical principles underlying the drive for immediate waste burial; the creation of a high-level National Waste Management Commission; the creation of two new federal entities to manage nuclear wastes and to site waste storage facilities and repositories; the elimination of Environmental Protection Agency regulatory authority over these activities; the adoption of a thoroughgoing risk-based approach to waste regulation and management; and the adoption of new, more flexible and adaptable strategies for siting storage and disposal facilities.

Date of Authorship for this Version

May 2009