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2003 YUCCA MOUNTAIN LAWSUITS IN THE NEWS Read past news and articles on Yucca Mountain lawsuit information. December 19, 2003 – State officials prepare for big Yucca hearing – WASHINGTON -- Nevada officials want three federal agencies to justify actions they feel violated federal nuclear waste law, overruled scientific evidence and unconstitutionally pitted 49 states against one, all in the name of building a nuclear waste storage site at Yucca Mountain – Las Vegas Sun December 15, 2003 – Yucca case returning to U.S. District Court – WASHINGTON -- The Justice Department does not plan on asking the U.S. Court of Appeals to rehear a conflict-of-interest case brought against the Energy Department over a Yucca Mountain project contract – Las Vegas Sun December 08, 2003 
Nevada keeps on the attack in its nuclear war with feds
LAS VEGAS — Outvoted in the political arena, Nevada will ask a federal appeals court next month to block the U.S. government from burying the nation's deadliest nuclear waste in the desert state – By Martin Kasindorf, USA TODAY
November 15, 2003 – NUCLEAR WASTE: Lawmakers target law firm – WASHINGTON -- Nevada's lawmakers on Friday continued their pursuit of a law firm accused of a conflict of interest while working on the Yucca Mountain Project – Las Vegas Review Journal ( More Coverage – Las Vegas Sun ) November 13, 2003 – Yucca water rights denied - DOE expected to challenge engineer – State Engineer Hugh Ricci has denied the Energy Department permanent rights to 140 million gallons per year of groundwater that the agency sought to build and operate the planned Yucca Mountain nuclear waste repository. The denial is expected to be challenged by DOE attorneys because the water is vital to proceeding with the project. That challenge, however, won't come until other Yucca Mountain issues raised by Nevada are decided by a federal appeals court in Washington, D.C. – Las Vegas Review Journal ( More Coverage - Nevada Appeal )  November 7, 2003 – State of Nevada – Ruling – Nevada Water Engineer on DOE's Application for Permanent Water Rights for the Yucca Mountain Project (pdf graphic file 453KB) 
October 28, 2003 – Conflict could further delay Yucca work – WASHINGTON -- An appeals court ruling today could delay the Energy Department's plan to open a high-level nuclear waste dump at Yucca Mountain because of conflict of interest charges leveled at the law firm that worked on the department's permit application – Las Vegas Sun September 20, 2003 – Yucca Mountain lawsuits rescheduled – WASHINGTON – A federal court has set Jan. 14 as the new date for oral arguments in lawsuits challenging the Yucca Mountain Project, a Nevada official said Friday. The cases will be argued before three judges representing the U.S. Court of Appeals for the District of Columbia Circuit: David S. Tatel, who was appointed by President Clinton; Karen Henderson, seated by the first President George Bush, and Harry Edwards, an appointee of President Carter. It is not yet clear how much time the judges will allocate to each of the four major lawsuits from the state, Clark County and the city of Las Vegas, according to Bob Loux, head of the state's Agency for Nuclear Projects –By STEVE TETREAULT STEPHENS WASHINGTON BUREAU August 20, 2003 – Hearings open on nuke waste water – CARSON CITY – The state attorney general's office said today allowing underground water to be used in the development and operation of a high-level nuclear dump at Yucca Mountain will "drastically undermine future beneficial uses of water" in Nevada. –By Cy Ryan, Las Vegas Sun (More coverage –AP) August 16, 2003 – Trial for state's Yucca lawsuits postponed — WASHINGTON – A federal appeals court has ordered an indefinite delay in the trial of a group of four Nevada lawsuits seeking to block the licensing of a nuclear waste repository at Yucca Mountain. Opening arguments, which had been scheduled for Oct. 3, were postponed Thursday by the U.S. Circuit Court of Appeals in Washington. Linda Jones, the courts operations manager, said she hoped the trial would be rescheduled before the end of the year, but she wasn't sure – Stephens Washington Bureau August 14, 2003 – Denial of water for nuke dump urged – Hearing slated next week in Carson City – Allowing the Energy Department to tap groundwater in Nye County for the planned Yucca Mountain nuclear waste repository is not in the public's interest and any such requests should be denied, Nevada attorneys said in a brief filed Wednesday with the state engineer – Las Vegas Review Journal August 13, 2003 – Virginia law firm to represent state in fight over Yucca – Contract that pays up to $4 million during the next year to try to stop waste dump OK'd – CARSON CITY – A Virginia law firm will continue Nevada's legal fight against construction of a high-level nuclear waste dump at Yucca Mountain, the Board of Examiners decided Tuesday. The firm of Egan, Fitzpatrick & Malsch of McLean, Va., will be paid up to $4 million over the next year to present Nevada's case for why the Yucca Mountain Project should be stopped, said Bob Loux, executive director of the state's Nuclear Waste Project Office – By SEAN WHALEY REVIEW-JOURNAL CAPITAL BUREAU August 13, 2003 – Firm fighting Yucca adds Utah as client – State opposes Goshute spent fuel complex – WASHINGTON – The law firm Nevada hired to challenge the Yucca Mountain Project has signed on also to fight nuclear waste storage proposed within Utah. Egan, Fitzpatrick and Malsch of McLean, Va., has added the state of Utah as a client. The firm expects to focus on a key segment of the state's case against a private spent fuel complex planned for the Goshute Indian reservation 75 miles southwest of Salt Lake City. Law firm chairman Joe Egan said the firm will report on possible health and safety outcomes if a military aircraft from nearby Hill Air Force Base were to crash at the site – By STEVE TETREAULT STEPHENS WASHINGTON BUREAU June 03, 2003 -- Yucca lawyers to get edited material -- Homeland Security Act cited as reason -- Lawyers preparing to fight the Yucca Mountain project will have to settle for an edited set of documents from the Energy Department, a result of the federal Homeland Security Act -- Las Vegas Sun. May 06, 2003 -- State argues nuclear waste plan violates Constitution -- WASHINGTON -- Nevada is pursuing a legal case that argues the government's effort to single out the state for nuclear waste disposal was unconstitutional. Rather than adhere to limits on federal authority, the Bush administration and Congress applied "raw political power" and usurped Nevada's sovereignty when Yucca Mountain was designated for nuclear waste burial through a resolution passed last year, the state contends - Las Vegas Review Journal February 10, 2003 -- Nevada lawmakers hear outline on Yucca suits -- Robert Loux, administrator of the state Office of Nuclear Projects, told the Assembly Ways and Means Committee four cases will be up in federal court in September, and he expects a ruling in either late December or early January 2004. The state asked the U.S. Court of Appeals in Washington, D.C., to hear all four cases together, a request that was granted. Loux said he’s confident the state’s challenges will be upheld -- Reno Gazette Journal January 27, 2003 -- Nevada puts five Yucca Mountain claims in one case against NRC -- LAS VEGAS (AP) - Nevada sought to bolster its case against the Nuclear Regulatory Commission on Monday by adding elements of its other lawsuits against the federal government's plan to store the nation's nuclear waste at Yucca Mountain. ( More Coverage - Las Vegas Review Journal ) January 09, 2003 -- Nevada to file Yucca challenge -- State charges federal government with infringing on its sovereignty -- WASHINGTON -- Nevada plans to file a long-anticipated lawsuit today charging the federal government with violating state rights under the U.S. Constitution in singling out Yucca Mountain for a nuclear waste repository -- Las Vegas Review Journal  Lawsuit Editorial -- Reno Gazette Journal
Lawsuit Editorial -- Las Vegas Review Journal
January 2, 2003 -- Martin G. Malsch Joins Egan & Associates -- Veteran nuclear regulatory attorney Martin G. Malsch, a former Acting General Counsel and Deputy General Counsel of the Nuclear Regulatory Commission and its first Inspector General, joins McLean, Virginia-based Egan & Associates, PLLC as a partner effective January 1, 2003. The firm will be renamed Egan Fitzpatrick & Malsch upon his admission to the Virginia Bar -- State of Nevada |
