Jump to Navigation
Jump to Content

EnergySolutions, LLC v. Utah

ELR Citation: 40 ELR 20012
Nos. Nos. 09-4122 et al., (10th Circ. , 11/09/2010)

The Tenth Circuit held that the Northwest Interstate Compact on Low-Level Radioactive Waste allows its member states to exclude low-level radioactive waste from disposal at a Utah site. A disposal facility in Utah, a member state, sought permission from the compact to import and dispose of low-level waste from a decommissioned reactor in Italy. The compact denied permission based on exclusionary authority it claimed through the federal statute approving the terms of the compact. The facility argued that the compact has limited authority only over regional disposal facilities. But the compact does have the authority to regulate out-of-region waste disposal at the facility in this case.