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Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Comm'n

ELR Citation: 29 ELR 21415
Nos. No. 98-3858, 187 F.3d 982/49 ERC 1114/(8th Cir., 08/16/1999) Enforcing facility licensing deadline

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for licensing the facility. The court first holds that the compact clearly authorizes the commission to set a reasonable deadline for the processing of a license application, and such authority does not run afoul of the state's regulatory authority. Contrary to the state's assertions, the compact does not grant states exclusive licensing and regulatory authority to the facility host state. Further, the plain language of the compact requires the commission to bring an action to ensure that a state processes the license application within a reasonable period. The court next holds that a decision on the reasonableness of the commission's deadline is moot because the state denied the facility's license application and the deadline has passed.

[Prior decisions in this litigation are published at 24 ELR 20434 and 21079.]

Counsel for Plaintiff
William M. Lamson Jr.
Lamson & Dugan
10306 Regency Parkway Dr., Omaha NE 68114
(402) 397-0203

Counsel for Defendant
Alan E. Peterson
Cline & Williams
1900 U.S. Bank Bldg.
233 S. 13th St., Lincoln NE 68508
(402) 474-6900

Before Wollman and Murphy, JJ.