June, 04 2020, 12:00am EDT

For Immediate Release
Contact:
Diane Curran, Harmon, Curran, Spielberg + Eisenberg, LLP, (240) 393-9285, dcurran@harmoncurran.com
Mindy Goldstein, Director, Turner Environmental Law Clinic, Emory University School of Law, (404) 727-3432, mindy.goldstein@emory.edu
Kevin Kamps, Radioactive Waste Specialist, Beyond Nuclear, (240) 462-3216, kevin@beyondnuclear.org
Stephen Kent, KentCom LLC, (914) 589 5988, skent@kentcom.com
Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump for Entire Inventory of U.S. "Spent" Reactor Fuel
Petitioner charges the Nuclear Regulatory Commission knowingly violated U.S. Nuclear Waste Policy Act and up-ended settled law prohibiting transfer of ownership of spent fuel to the federal government until a permanent underground repository is ready to receive it.
WASHINGTON
Today the non-profit organization Beyond Nuclear filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit requesting review of an April 23, 2020 order and an October 29, 2018 order by the U.S. Nuclear Regulatory Commission (NRC), rejecting challenges to Holtec International/Eddy-Lea Energy Alliance's application to build a massive "consolidated interim storage facility" (CISF) for nuclear waste in southeastern New Mexico. Holtec proposes to store as much as 173,000 metric tons of highly radioactive irradiated or "spent" nuclear fuel - more than twice the amount of spent fuel currently stored at U.S. nuclear power reactors - in shallowly buried containers on the site.
But according to Beyond Nuclear's petition, the NRC's orders "violated the Nuclear Waste Policy Act and the Administrative Procedure Act by refusing to dismiss an administrative proceeding that contemplated issuance of a license permitting federal ownership of used reactor fuel at a commercial fuel storage facility."
Since it contemplates that the federal government would become the owner of the spent fuel during transportation to and storage at its CISF, Holtec's license application should have been dismissed at the outset, Beyond Nuclear's appeal argues. Holtec has made no secret of the fact that it expects the federal government will take title to the waste, which would clear the way for it to be stored at its CISF, and this is indeed the point of building the facility. But that would directly violate the 1982 Nuclear Waste Policy Act (NWPA), which prohibits federal government ownership of spent fuel unless and until a permanent underground repository is up and running. No such repository has been licensed in the U.S. The U.S. Department of Energy's (DOE) most recent estimate for the opening of a geologic repository is the year 2048 at the earliest.
In its April 23 decision, in which the NRC rejected challenges to the license application, the four NRC Commissioners admitted that the NWPA would indeed be violated if title to spent fuel were transferred to the federal government so it could be stored at the Holtec facility. But they refused to remove the license provision in the application which contemplates federal ownership of the spent fuel. Instead, they ruled that approving Holtec's application in itself would not involve NRC in a violation of federal law, and that therefore they could go forward with approving the application, despite its illegal provision. According to the NRC's decision, "the license itself would not violate the NWPA by transferring the title to the fuel, nor would it authorize Holtec or [the U.S. Department of Energy] to enter into storage contracts." (page 7). The NRC Commissioners also noted with approval that "Holtec hopes that Congress will amend the law in the future." (page 7).
"This NRC decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President," said Mindy Goldstein, an attorney for Beyond Nuclear. "The Commission lacks a legal or logical basis for its rationale that it may issue a license with an illegal provision, in the hopes that Holtec or the Department of Energy won't complete the illegal activity it authorized. The buck must stop with the NRC."
"Our claim is simple," said attorney Diane Curran, another member of Beyond Nuclear's legal team. "The NRC is not above the law, nor does it stand apart from it."
According to a 1996 D.C. Circuit Court ruling, the NWPA is Congress' "comprehensive scheme for the interim storage and permanent disposal of high-level radioactive waste generated by civilian nuclear power plants" [Ind. Mich. Power Co. v. DOE, 88 F.3d 1272, 1273 (D.C. Cir. 1996)]. The law establishes distinct roles for the federal government vs. the owners of facilities that generate spent fuel with respect to the storage and disposal of spent fuel. The "Federal Government has the responsibility to provide for the permanent disposal of ... spent nuclear fuel" but "the generators and owners of ... spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of ... spent fuel until such ... spent fuel is accepted by the Secretary of Energy" [42 U.S.C. SS 10131]. Section 111 of the NWPA specifically provides that the federal government will not take title to spent fuel until it has opened a repository [42 U.S.C. SS 10131(a)(5)].
"When Congress passed the Nuclear Waste Policy Act and refused to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a permanent repository was up and running, it acted wisely," said Kevin Kamps, radioactive waste specialist for Beyond Nuclear. "It understood that spent fuel remains hazardous for millions of years, and that the only safe long-term strategy for safeguarding irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation from the living environment. Today, the NWPA remains the public's best protection against a so-called 'interim' storage facility becoming a de facto permanent, national, surface dump for radioactive waste. But if we ignore it or jettison the law, communities like southeastern New Mexico can be railroaded by the nuclear industry and its friends in government, and forced to accept mountains of forever deadly high-level radioactive waste other states are eager to offload."
In addition to impacting New Mexico, shipping the waste to the CISF site would also endanger 43 other states plus the District of Columbia, because it would entail hauling 10,000 high risk, high-level radioactive waste shipments on their roads, rails, and waterways, posing risks of radioactive release all along the way.
Besides threatening public health and safety, evading federal law to license CISF facilities would also impact the public financially. Transferring title and liability for spent fuel from the nuclear utilities that generated it to DOE would mean that federal taxpayers would have to pay for its so-called "interim" storage, to the tune of many billions of dollars. That's on top of the many billions ratepayers and taxpayers have already paid to fund a permanent geologic repository that hasn't yet materialized.
But that's not to say that Yucca Mountain would be an acceptable alternative to CISF. "A deep geologic repository for permanent disposal should meet a long list of stringent criteria: legality, environmental justice, consent-based siting, scientific suitability, mitigation of transport risks, regional equity, intergenerational equity, and safeguards against nuclear weapons proliferation, including a ban on spent fuel reprocessing," Kamps said. "But the Yucca Mountain dump, which is targeted at land owned by the Western Shoshone in Nevada, fails to meet any of those standards. That's why a coalition of more than a thousand environmental, environmental justice, and public interest organizations, representing all 50 states, has opposed it for 33 years."
Kamps noted that the U.S. Court of Appeals for the District of Columbia Circuit has upheld the NWPA before, including in the matter of inadequate standards for Yucca Mountain. In its landmark 2004 decision in Nuclear Energy Institute v. Environmental Protection Agency, it wrote, "Having the capacity to outlast human civilization as we know it and the potential to devastate public health and the environment, nuclear waste has vexed scientists, Congress, and regulatory agencies for the last half-century." The Court found the U.S. Environmental Protection Agency's insufficient 10,000-year standard for Yucca Mountain violated the NWPA's requirement that the National Academy of Sciences' recommendations must be followed, and ordered the EPA back to the drawing board. In 2008, the EPA issued a revised standard, acknowledging a million-year hazard associated with irradiated nuclear fuel and high-level radioactive waste. Even that standard falls short, Kamps said, because certain radioactive isotopes in spent fuel remain dangerous for much longer than that. Iodine-129, for example, is hazardous for 157 million years.
NOTE TO EDITORS AND PRODUCERS: Sources quoted in this release are available for comment. For a copy of the petition filed today, to arrange interviews or for other information, please contact Stephen Kent, skent@kentcom.com, 914-589-5988
Beyond Nuclear aims to educate and activate the public about the connections between nuclear power and nuclear weapons and the need to abandon both to safeguard our future. Beyond Nuclear advocates for an energy future that is sustainable, benign and democratic.
(301) 270-2209LATEST NEWS
Key Republican's $500 Billion 'Red Line' for Medicaid Cuts Slammed as Cruel Farce
"If your 'red line' is taking away healthcare from millions of people, then you don't have a red line."
Apr 30, 2025
A key House Republican said Tuesday that he would be unwilling to accept more than $500 billion in Medicaid cuts in the GOP's emerging reconciliation package, a "red line" that drew swift mockery and condemnation from healthcare campaigners.
Rep. Don Bacon (R-Neb.), who is seen as a critical swing vote in the narrowly controlled Republican House, toldPolitico that his ceiling for Medicaid cuts over the next decade is a half-trillion dollars—a message he has privately delivered to President Donald Trump's White House.
Anthony Wright, executive director of Families USA, said in a statement Tuesday that a $500 billion cut to Medicaid "is not at all moderate, but massive—the biggest cut in the history of Medicaid, one that would force millions of Americans to lose coverage."
"Slashing Medicaid by hundreds of billions of dollars would force states like Nebraska to make the unholy choice to drop people from coverage, cut benefits, and/or cut payments to the providers we all rely on, or otherwise raise taxes," said Wright. "Medicaid cuts would be another wrecking ball to the health system and to the economy."
The Century Foundation has estimated that cutting federal Medicaid funding by $500 billion over a 10-year period would strip health coverage from more than 18 million children and more than 2 million adults with disabilities.
"If your 'red line' is taking away healthcare from millions of people, then you don't have a red line," said Kobie Christian, a spokesperson for the advocacy coalition Unrig Our Economy.
"Not one dollar should be cut from Medicaid to pay for one dollar of tax breaks for the rich."
Bacon also made clear Tuesday that he would support draconian changes to Medicaid that have been tried with disastrous results at the state level.
"They should be seeking the skill sets for better jobs," Bacon said in support of adding work requirements to Medicaid, despite an abundance of evidence showing that such mandates succeed only at booting people from the program, not increasing employment. (Most Medicaid recipients who are able to work already do.)
Brad Woodhouse, president of Protect Our Care, said in a statement that "as the GOP drafts their devastating budget, one thing remains true: Republicans in Congress want to make the largest Medicaid cuts in history to fund tax breaks for the wealthiest Americans."
"Whether it's a trillion dollars, half a trillion, or hundreds of billions in Medicaid cuts, no member of Congress can justify ripping healthcare away from some of the most vulnerable Americans to give tax breaks to the wealthy," said Woodhouse. "Not one dollar should be cut from Medicaid to pay for one dollar of tax breaks for the rich."
The "moderate" $500 billion Medicaid cut being pitched here would finance a $500 billion tax cut for millionaire business owners and the heirs of estates worth over $28 million per couple. There is nothing moderate about cutting low-income Americans' health care to pay for tax cuts for the rich.
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— Brendan Duke (@brendanvduke.bsky.social) April 29, 2025 at 4:14 PM
Congressional Republicans have previously backed budget plans that would allow $880 billion in Medicaid cuts over the next decade, as well as massive reductions in spending on federal nutrition assistance.
But the GOP push for Medicaid cuts to pay for another round of tax breaks that would largely benefit the wealthy has sparked outrage nationwide, and it appears some Republicans are feeling the pressure from constituents.
Rep. David Valadao (R-Calif.), whose district has the highest percentage of Medicaid recipients in the House GOP conference, raised concerns about deep Medicaid cuts in an interview with Politico on Tuesday.
But like Bacon, Valadao said he was open to proposals that experts say would bring disastrous consequences for Medicaid recipients. Politico noted that the California Republican "is leaving the door open to capping the overall funding for certain beneficiaries in the 41 states that have expanded Medicaid under the Affordable Care Act."
Edwin Park, a research professor at the Georgetown University McCourt School of Public Policy's Center for Children and Families, warned earlier this week that the per-capita funding cap Republicans are considering should "be viewed as just another proposal to sharply shift expansion costs to states by lowering the effective expansion matching rates, with the intent of undermining and eventually repealing the Medicaid expansion."
"That, in turn, would take away coverage from nearly 21 million low-income parents, people with disabilities, near-elderly adults, and others," Park wrote. "It would also have significant adverse effects on the children of expansion adults: Research shows that the Medicaid expansion increases enrollment among eligible children and therefore reduces the number of uninsured children."
"And, of course, it would also deter the 10 remaining non-expansion states from taking up the expansion in the future," he added.
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Amazon Won't Display Tariff Costs After Trump Whines to Bezos
Senate Minority Leader Chuck Schumer said all companies should be "displaying how much tariffs contribute to the total price of products."
Apr 29, 2025
Amazon said Tuesday that it would not display tariff costs next to products on its website after U.S. President Donald Trump called the e-commerce giant's billionaire founder, Jeff Bezos, to complain about the reported plan.
Citing an unnamed person familiar with Amazon's supposed plan, Punchbowl Newsreported that "the shopping site will display how much of an item's cost is derived from tariffs—right next to the product's total listed price."
Many Amazon products come from China. While U.S. Treasury Secretary Scott Bessent claimed Sunday that "there is a path" to a tariff deal with the Chinese government, Trump has recently caused global economic alarm by hitting the country with a 145% tax and imposing a 10% minimum for other nations.
According toCNN, which spoke with two senior White House officials on Tuesday, Trump's call to Bezos "came shortly after one of the senior officials phoned the president to inform him of the story" from Punchbowl.
"Of course he was pissed," one officials said of Trump. "Why should a multibillion-dollar company pass off costs to consumers?"
Asked about how the call with Bezos went, Trump told reporters: "Great. Jeff Bezos was very nice. He was terrific. He solved the problem very quickly, and he did the right thing, and he's a good guy."
Earlier Tuesday, during a briefing, White House Press Secretary Karoline Leavitt called Amazon's reported plan "a hostile and political act," and said that "this is another reason why Americans should buy American."
Leavitt also asked why Amazon didn't have such displays during the Biden administration and held up a printed version of a 2021 Reutersreport about the company's "compliance with the Chinese government edict" to stop allowing customer ratings and reviews in China, allegedly prompted by negative feedback left on a collection President Xi Jinping's speeches and writings.
Asked whether Bezos is "still a Trump supporter," Leavitt said that she "will not speak to" the president's relationship with him.
As CNBCdetailed Tuesday:
Less than two hours after the press briefing, an Amazon spokesperson told CNBC that the company was only ever considering listing tariff charges on some products for Amazon Haul, its budget-focused shopping section.
"The team that runs our ultra low cost Amazon Haul store has considered listing import charges on certain products," the spokesperson said. "This was never a consideration for the main Amazon site and nothing has been implemented on any Amazon properties."
But in a follow-up statement an hour after that one, the spokesperson clarified that the plan to show tariff surcharges was "never approved" and is "not going to happen."
In response to Bloomberg also reporting on Amazon's claim that tariff displays were never under consideration for the company's main site, U.S. Commerce Secretary Howard Lutnick wrote on social media Tuesday, "Good move."
Before Amazon publicly killed any plans for showing consumers the costs from Trump's import taxes, Senate Minority Leader Chuck Schumer (D-N.Y.) said on the chamber's floor Tuesday that companies should be "displaying how much tariffs contribute to the total price of products."
"I urge more companies, particularly national retailers that compete with Amazon, to adopt this practice. If Amazon has the courage to display why prices are going up because of tariffs, so should all of our other national retailers who compete with them. And I am calling on them to do it now," he said.
Congressional Progressive Caucus Chair Greg Casar (D-Texas) on Tuesday framed the whole incident as an example of how "Trump has created a government by and for the billionaires," declaring: "If anyone ever doubted that Trump, and Musk, and Bezos, and the billionaires are all [on] one team, just look at what happened at Amazon today. Bezos immediately caved and walked back a plan to tell Americans how much Trump's tariffs are costing them."
Casar also claimed Bezos wants "big tax cuts and sweatheart deals," and pointed to Amazon's Prime Video paying $40 million to license a documentary about the life of First Lady Melania Trump. In addition to the film agreement, Bezos has come under fire for Amazon's $1 million donation to the president's inauguration fund.
As the owner of
The Washington Post, Bezos—the world's second-richest person, after Trump adviser Elon Musk—also faced intense criticism for blocking the newspaper's planned endorsement of the president's 2024 Democratic challenger, Kamala Harris, and demanding its opinion page advocate for "personal liberties and free markets."
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Medicare for All, Says Sanders, Would Show American People 'Government Is Listening to Them'
"The goal of the current administration and their billionaire buddies is to pile on endless cuts," said one nurse and union leader. "Even on our hardest days, we won't stop fighting for Medicare for All."
Apr 29, 2025
On Tuesday, Independent Sen. Bernie Sanders of Vermont and Democratic Reps. Pramila Jayapal of Washington and Debbie Dingell of Michigan reintroduced the Medicare for All Act, re-upping the legislative quest to enact a single-payer healthcare system even as the bill faces little chance of advancing in the GOP-controlled House of Representatives or Senate.
Hundreds of nurses, healthcare providers, and workers from across the country joined the lawmakers for a press conference focused on the bill's reintroduction in front of the Capitol on Tuesday.
"We have the radical idea of putting healthcare dollars into healthcare, not into profiteering or bureaucracy," said Sanders during the press conference. "A simple healthcare system, which is what we are talking about, substantially reduces administrative costs, but it would also make life a lot easier, not just for patients, but for nurses" and other healthcare providers, he continued.
"So let us stand together," Sanders told the crowd. "Let us do what the American people want and let us transform this country. And when we pass Medicare for All, it's not only about improving healthcare for all our people—it's doing something else. It's telling the American people that, finally, the American government is listening to them."
Under Medicare for All, the government would pay for all healthcare services, including dental, vision, prescription drugs, and other care.
"It is a travesty when 85 million people are uninsured or underinsured and millions more are drowning in medical debt in the richest nation on Earth," said Jayapal in a statement on Tuesday.
In 2020, a study in the peer-reviewed medical journal The Lancet found that a single-payer program like Medicare for All would save Americans more than $450 billion and would likely prevent 68,000 deaths every year. That same year, the Congressional Budget Office found that a single-payer system that resembles Medicare for All would yield some $650 billion in savings in 2030.
Members of National Nurses United (NNU), the nation's largest union of registered nurses, were also at the press conference on Tuesday.
In a statement, the group highlighted that the bill comes at a critical time, given GOP-led threats to programs like Medicaid.
"The goal of the current administration and their billionaire buddies is to pile on endless cuts and attacks so that we become too demoralized and overwhelmed to move forward," said Bonnie Castillo, registered nurse and executive director of NNU. "Even on our hardest days, we won't stop fighting for Medicare for All."
Per Sanders' office, the legislation has 104 co-sponsors in the House and 16 in the Senate, which is an increase from the previous Congress.
A poll from Gallup released in 2023 found that 7 in 10 Democrats support a government-run healthcare system. The poll also found that across the political spectrum, 57% of respondents believe the government should ensure all people have healthcare coverage.
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