Environmental coalition attorney Diane Curran
(The lack of a repository, or even sight of one on the horizon of the future, has led to the federal courts ordering NRC to undertake an EIS under NEPA on high-level radioactive waste generation and storage risks. The D.C. Circuit Court of Appeals, on June 8, 2012, ruled that the "mere hope" of a repository was not good enough, and NRC needed to consider the possibility that a repository will never be opened. After all, commercial irradiated nuclear fuel has piled up since 1957, and military high-level radioactive waste since 1942, and we still don't even know what to do with the first cupful in an safe, sound, permanent manner.)
An environmental coalition of nearly three dozen groups, including Beyond Nuclear, has submitted comments on the U.S. Nuclear Regulatory Commission's (NRC) "Nuclear Waste Confidence" Draft Generic Environmental Impact Statement (DGEIS). The coalition is represented by a team of attorneys, including Diane Curran (photo, left) of Harmon, Curran, Spielberg, and Eisenberg, LLP, Washington, D.C.; Mindy Goldstein, Director, and Jillian Kysor, Fellow, Turner Environmental Law Clinic, Emory University, Atlanta, GA; and Phillip Musegaas, Hudson River Program Director, and Deborah Brancato, Staff Attorney, Riverkeeper, Ossining, NY.
The coalition is also represented by a team of expert witnesses, including Dr. Arjun Makhijani, President, Institute for Energy and Environmental Research, Takoma Park, MD; David Lochbaum, Director, Nuclear Safety Project, Union of Concerned Scientists, Chattanooga, TN; Dr. Gordon Thompson, Executive Director, Institute for Resource and Security Studies, Cambridge, MA; and Dr. Mark Cooper, Senior Research Fellow for Economic Analysis, Institute for Energy and the Environment, Vermont Law School, South Royalton, VT.
The environmental coalition's comments, as well as its expert witnesses' declarations, have been posted on the Southern Alliance for Clean Energy (SACE) website, as well as at the bottom of a press release featuring the work of Dr. Cooper on the economic costs of irradiated nuclear fuel management. The coalition's comment and expert witness declarations are also posted at the NIRS website.
Curran, on behalf of three environmental groups (Blue Ridge Environmental Defense League, Riverkeeper, and SACE), in alliance with Natural Resource Defense Council, as well as four state attorneys general (CT, NJ, NY, and VT) won a landmark legal victory on June 8, 2012. The D.C. Circuit Court of Appeals ruled that NRC had to carry out an environmental impact statement on its "Nuclear Waste Confidence" policy and rule, including the on-site storage risks of irradiated nuclear fuel in pools and dry casks. The Dec. 20th public comment deadline on the DGEIS is a part of that court-ordered process.