Guest Post: Oral Argument Set for Tomorrow in NEI Complaint on Mining in Arizona Strip

The following is a guest blog post submitted by Ellen Ginsberg, vice president, general counsel and secretary of the Nuclear Energy Institute.

On March 1, 2013, the federal District Court of Arizona will hear oral argument on the NEI’s pending motion for summary judgment in its challenge to the Secretary of Interior’s withdrawal of over one million acres of public lands in Northern Arizona, including promising uranium deposits, under the Federal Land Policy and Management Act (“FLPMA”).

NEI, joined by the National Mining Association, has argued that the Secretary of Interior lacked authority for the withdrawal in light of an unconstitutional legislative veto in the provision of FLPMA relied upon by the Secretary in issuing the withdrawal. The government has already conceded that the provision’s legislative veto is unconstitutional, leaving to be decided whether or not the remainder of the provision and the Secretary’s authority to issue such large-scale withdrawals survives.

Map detail of the "Arizona Strip," courtesy of Arizona State University.

This week’s argument comes on the heels of the district court’s order earlier this year confirming NEI’s standing to raise its constitutional challenge, in addition to claims under FLPMA and the National Environmental Policy Act (“NEPA”). The case is National Mining Association v. Salazar, No. 12-8038, consolidated under lead case Yount v. Salazar, No. 11-8171.

Editor's Note: We expect to have some comments from NEI's counsel on the ground in Arizona. Please follow our twitter feed tomorrow for a live update.

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How Nanomaterials Can Make Nuclear Reactors Safer and More Efficient

The following is a guest post from Matt Wald, senior communications advisor at NEI. Follow Matt on Twitter at @MattLWald.

From the batteries in our cell phones to the clothes on our backs, "nanomaterials" that are designed molecule by molecule are working their way into our economy and our lives. Now there’s some promising work on new materials for nuclear reactors.

Reactors are a tough environment. The sub atomic particles that sustain the chain reaction, neutrons, are great for splitting additional uranium atoms, but not all of them hit a uranium atom; some of them end up in various metal components of the reactor. The metal is usually a crystalline structure, meaning it is as orderly as a ladder or a sheet of graph paper, but the neutrons rearrange the atoms, leaving some infinitesimal voids in the structure and some areas of extra density. The components literally grow, getting longer and thicker. The phenomenon is well understood and designers compensate for it with a …

Missing the Point about Pennsylvania’s Nuclear Plants

A group that includes oil and gas companies in Pennsylvania released a study on Monday that argues that twenty years ago, planners underestimated the value of nuclear plants in the electricity market. According to the group, that means the state should now let the plants close.

Huh?

The question confronting the state now isn’t what the companies that owned the reactors at the time of de-regulation got or didn’t get. It’s not a question of whether they were profitable in the '80s, '90s and '00s. It’s about now. Business works by looking at the present and making projections about the future.

Is losing the nuclear plants what’s best for the state going forward?

Pennsylvania needs clean air. It needs jobs. And it needs protection against over-reliance on a single fuel source.

What the reactors need is recognition of all the value they provide. The electricity market is depressed, and if electricity is treated as a simple commodity, with no regard for its benefit to clean air o…

Why Nuclear Plant Closures Are a Crisis for Small Town USA

Nuclear plants occupy an unusual spot in the towns where they operate: integral but so much in the background that they may seem almost invisible. But when they close, it can be like the earth shifting underfoot.

Lohud.com, the Gannett newspaper that covers the Lower Hudson Valley in New York, took a look around at the experience of towns where reactors have closed, because the Indian Point reactors in Buchanan are scheduled to be shut down under an agreement with Gov. Mario Cuomo.

From sea to shining sea, it was dismal. It wasn’t just the plant employees who were hurt. The losses of hundreds of jobs, tens of millions of dollars in payrolls and millions in property taxes depressed whole towns and surrounding areas. For example:

Vernon, Vermont, home to Vermont Yankee for more than 40 years, had to cut its municipal budget in half. The town closed its police department and let the county take over; the youth sports teams lost their volunteer coaches, and Vernon Elementary School lost th…

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