Home Subscribe Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Sat Sun Mon Tue Wed Thu Fri

News


CORRECTION, 9/6/07 - Republican Congressman Jon Porter's political affiliation was misstated in a Wednesday story on Yucca Mountain.

Nevada wins battle in war over Yucca

Federal judge denies DOE motion




Nevada has won a significant battle in its 20-year war with the federal government over the Department of Energy's plans to build a nuclear waste repository at Yucca Mountain.

The victory came in a decision late Friday by U.S. District Judge Roger Hunt to deny Justice Department attorneys an emergency motion. The motion was aimed at blocking the state engineer's order that DOE stop using Nevada's water for drilling boreholes near the mountain, 100 miles northwest of Las Vegas.

Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

Most Popular Stories
  • AIR MARSHALS: Uncivil Aviation
  • CITYCENTER CONSTRUCTION SITE: Safety issues raised
  • LAKE LAS VEGAS: Bankrupt project still alive
  • SOUTHERN NEVADA ECONOMY: Analysts' projections sour
  • Wynn, 'known prostitutes' in tussle, LV police captain says
  • JUDICIAL DISCIPLINE COMMISSION: Judge denies charges
  • JUDICIAL DISCIPLINE COMMISSION: Judge faces accuser
  • NORM: Restaurateur tells his side of 'setup'
  • Boyd Gaming suspends construction work on Echelon project
  • NORM: Vegas ties abound at Beijing Olympics



  • Hunt's 24-page ruling criticized the attorneys representing DOE as being arrogant and unreasonable and, above all, for violating a court-approved agreement on use of the state's water at Yucca Mountain.

    State officials were beaming Monday when they learned of Hunt's decision and said it will preclude DOE from collecting data that Yucca Mountain Project officials have said is crucial to submitting a complete license application to the Nuclear Regulatory Commission for constructing a repository.

    "We're obviously pleased with his decision, and he's very knowledgeable of what's going on with the state law and the federal law," said Bob Loux, executive director of the Nevada Agency for Nuclear Projects and a long-time opponent of what Nevada politicians refer to as "the dump.

    Added Marta Adams, the senior deputy attorney general who represented Loux in the case: "These guys have no mandate to do borehole drilling. They're just arrogant."

    "This is going to be tricky for them to appeal and they have some real public relations issues here," Adams said.

    Allen Benson, an Energy Department spokesman in Las Vegas for the Yucca Mountain Project, wouldn't comment as to whether borehole drilling operations were in progress Tuesday.

    "We have just received the court order and we're reading it now and we'll determine the path forward," Benson said.

    Subcontractors for the Yucca Mountain Project have been using water from nearby wells to drill what project officials have said will be 80 boreholes if drilling continued through November.

    That is up from DOE's original estimate that only 15 boreholes would be needed for "geotechnical" work to ensure that surface facilities where spent nuclear fuel assemblies would be handled and stored before entombing them in the mountain will be safe from earthquakes and floods.

    The water is used to cool and lubricate drill bits and to make mud for collecting rock samples.

    Adams said if she finds out that DOE continues to use the state's water for drilling boreholes "then we've certainly got to go in for a contempt order. I would expect they're going to comply," she said.

    "What is very crystal clear is the court vindicates the state's position and upholds they (DOE) should cease and desist," Adams said.

    Loux said he thinks the state engineer has authority to prohibit DOE from trucking water in from out of state or other sources in the state for work at Yucca Mountain.

    "You simply can't use water in this state without his approval period, no matter how you acquire it," Loux said.

    Hunt's order says that any perceived hardship that DOE encountered when State Engineer Tracy Taylor issued his cease-and-desist order June 1, then lifted it temporarily only to reinstate it on July 20, was "self-inflicted."

    "The state, on the other hand, faced the unauthorized use of its water, a violation of state water law, a violation of an agreement it entered in good faith, a violation of this court's order authorizing that agreement, and interference with its obligation to its citizens to enforce its laws and preserve its water," Hunt wrote.

    He further stated that "there has been no act by Congress which pre-empts Nevada's state water laws. ... The only public interest issue is whether state officials can be precluded from exercising their lawfully mandated duties, or whether a federal agency can run roughshod over a state's rights or interests without specific authority and mandate to do the precise activities it wishes to do."

    Hunt was not impressed by the way the water flap unfolded with DOE ultimately demanding to use 4 million gallons of water for drilling 44 boreholes with intentions of doubling each for "continuing site characterization work it hid from the court and from the state."

    Either the borehole work is "unreasonable and without demonstrable, legitimate purpose. ... Or, alternatively, it (the DOE) shows a complete lack of confidence in its ability to obtain a license from the NRC (Nuclear Regulatory Commission) because of weakness in its original scientific studies."

    Hunt agreed with the state's attorneys that DOE's scientific, site characterization work was supposed to have been completed at Yucca Mountain when then-Energy Secretary Spencer Abraham recommended the site to President Bush in 2002.

    "Either that is so, and this is not site characterization, or it would appear that the DOE misled Congress and the president in its application for approval of the site," Hunt wrote. "DOE attempts to deny that this is further site characterization. However, its own documents contradict that argument."

    Nevada Attorney General Catherine Cortez Masto weighed in on the issue, saying in a statement, "In what Judge Hunt characterizes as 'arrogant,' DOE has not ... complied with Nevada water law or 'been forthcoming about its intentions for water use in the future.'"

    In Washington, Nevada lawmakers applauded the opinion as a blow for states' rights, and at the same time shining a light on DOE clumsiness in pursuing water for the Yucca project.

    Sen. Harry Reid, D-Nev., said the federal government got the outcome it deserved.

    "Stealing water, misleading Congress, and ignoring court orders are par for the course for the Energy Department," he said in a statement.

    Rep. Dean Heller, R-Nev., said the department's unauthorized water use "is one more blunder" in a history of Yucca Mountain missteps.

    Rep. Jon Porter, R-Nev., said DOE "has consistently played fast and loose with procedures" to speed the repository.

    Rep. Shelley Berkley, D-Nev., said the case "sends an unmistakable message to President Bush and his Republican allies that Nevada will fight any attempt in Congress to pass legislation that would authorize a full-blown water grab."

    A bill the Bush administration has proposed seeks to broaden DOE powers to obtain water over Nevada objections. But it has found no support in Congress this year.

    Stephens Washington Bureau Chief Steve Tetreault contributed to this report.



    Leave Your Comment 9 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    icu wrote on October 23, 2007 09:31 AM: wat up


    i.c.winer wrote on September 06, 2007 05:18 PM: vhbkhbhb








































































































































    Whiskey Tango Foxtrot wrote on September 05, 2007 08:36 PM: Looking past the water issue, I believe it's been brought to light that the DOE has been less than honest to Congress AND the people of Nevada about the site characterization work that SHOULD have been completed BEFORE they recommended the site as the only choice for a nuclear repository. The main issue is the fact that the DOE had NOT done its job and that the site characterization data had been falsified due to incomplete input.


    William McKillop wrote on September 05, 2007 12:33 PM: What an attitude. Screw the U.S.A. and force us to pay exorbitant prices for oil because we can't store wastes.

    Now you are denying the government the water necessary to file a request?

    Whatsamatta, afraid you'll lose in court?


    Bonni Smith wrote on September 05, 2007 11:39 AM: I can understand the state not wanting to let the DOE use state water to drill bore holes at Yucca Mountain, but it the DOE chooses to truck water in from someplace else, even if it is from out of state, then I don't see the state saying they can't use their own water supply. To tell them that the state has control over all water, even that trucked in from out of state, is a little ridiculous. Come, grow up already!


    DANNY wrote on September 05, 2007 10:33 AM: News Flash, the Federal Government is arrogant! Every court in the country could begin every government case by taking judicial notice of the Fed's arrogance. Good for Nevada standing up to them and not buying into another patriotic argument like safe above ground nucear testing.


    sherrylsvgs@yahoo.com wrote on September 05, 2007 09:29 AM: Maybe the Feds can import water in trucks and get this project rolling. Yucca is good for Nevada and the Country.


    Roger wrote on September 05, 2007 07:58 AM: Good news. Bury that horrid Yucca project!


    Neal wrote on September 05, 2007 07:54 AM: Good luck to Las Vegas on obtaining federal permission to cross federal lands with the proposed water pipeline to be built from the north.

    Also good luck to the state to try to claim water brought in from out of state really belongs to Nevada.

    No wonder the state has a water crisis, if worrying aobut a few thousand gallons of water is all the water engineer has to do