Nuclear Energy Institute, Inc. v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
373 F.3d 1251 (2004)
- Written by Colette Routel, JD
Facts
Congress passed a joint resolution authorizing the storage of nuclear waste beneath federal lands in Yucca Mountain, Nevada. The State of Nevada and other groups (collectively, Nevada) (plaintiffs) challenged the joint resolution, arguing that principles of federalism found in the Tenth Amendment and other constitutional provisions, such as the Guarantee Clause and the equal-footing doctrine, created an “equal state treatment doctrine.” According to Nevada, this doctrine would require that nationwide standards for the use of federal lands be developed before any federal property could be used to the detriment of a particular state. Thus, in this case, Nevada argued that Congress was required to pass general standards that an agency could use to determine where nuclear waste would be stored, rather than allowing Congress to single out Yucca Mountain as the specific storage location. The district court ruled against Nevada. Nevada appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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