Skip to main content

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.

Comments

Popular posts from this blog

Fluor Invests in NuScale

You know, it’s kind of sad that no one is willing to invest in nuclear energy anymore. Wait, what? NuScale Power celebrated the news of its company-saving $30 million investment from Fluor Corp. Thursday morning with a press conference in Washington, D.C. Fluor is a design, engineering and construction company involved with some 20 plants in the 70s and 80s, but it has not held interest in a nuclear energy company until now. Fluor, which has deep roots in the nuclear industry, is betting big on small-scale nuclear energy with its NuScale investment. "It's become a serious contender in the last decade or so," John Hopkins, [Fluor’s group president in charge of new ventures], said. And that brings us to NuScale, which had run into some dark days – maybe not as dark as, say, Solyndra, but dire enough : Earlier this year, the Securities Exchange Commission filed an action against NuScale's lead investor, The Michael Kenwood Group. The firm "misap

An Ohio School Board Is Working to Save Nuclear Plants

Ohio faces a decision soon about its two nuclear reactors, Davis-Besse and Perry, and on Wednesday, neighbors of one of those plants issued a cry for help. The reactors’ problem is that the price of electricity they sell on the high-voltage grid is depressed, mostly because of a surplus of natural gas. And the reactors do not get any revenue for the other benefits they provide. Some of those benefits are regional – emissions-free electricity, reliability with months of fuel on-site, and diversity in case of problems or price spikes with gas or coal, state and federal payroll taxes, and national economic stimulus as the plants buy fuel, supplies and services. Some of the benefits are highly localized, including employment and property taxes. One locality is already feeling the pinch: Oak Harbor on Lake Erie, home to Davis-Besse. The town has a middle school in a building that is 106 years old, and an elementary school from the 1950s, and on May 2 was scheduled to have a referendu

Wednesday Update

From NEI’s Japan micro-site: NRC, Industry Concur on Many Post-Fukushima Actions Industry/Regulatory/Political Issues • There is a “great deal of alignment” between the U.S. Nuclear Regulatory Commission and the industry on initial steps to take at America’s nuclear energy facilities in response to the nuclear accident in Japan, Charles Pardee, the chief operating officer of Exelon Generation Co., said at an agency briefing today. The briefing gave stakeholders an opportunity to discuss staff recommendations for near-term actions the agency may take at U.S. facilities. PowerPoint slides from the meeting are on the NRC website. • The International Atomic Energy Agency board has approved a plan that calls for inspectors to evaluate reactor safety at nuclear energy facilities every three years. Governments may opt out of having their country’s facilities inspected. Also approved were plans to maintain a rapid response team of experts ready to assist facility operators recoverin