February, 09 2021, 11:00pm 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
Rose Gardner, Alliance for Environmental Strategies (and Beyond Nuclear member), (575) 390-9634, nmlady2000@icloud.com
Stephen Kent, KentCom LLC, (914) 589-5988, skent@kentcom.com
Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump Targeted at Texas/New Mexico Border
Petition charges the Nuclear Regulatory Commission knowingly violated the U.S. Nuclear Waste Policy Act and up-ended settled law which prohibits transfer of ownership of commercial irradiated fuel to the federal government unless and until a permanent geologic repository is ready to receive it
WASHINGTON
The non-profit organization Beyond Nuclear filed suit in federal court today to prevent the U.S. Nuclear Regulatory Commission (NRC) from licensing a massive "consolidated interim storage facility" (CISF) for highly radioactive waste in Andrews County, west Texas.
In its Petition for Review filed in the U.S. Court of Appeals for the District of Columbia Circuit, Beyond Nuclear asked the Court to dismiss the NRC licensing proceeding for a permit to build and operate a CISF proposed by Interim Storage Partners (ISP), a business consortium. It plans to use the facility to store 40,000 metric tons of highly radioactive irradiated fuel generated by nuclear reactors across the U.S. (also euphemistically known as "used" or "spent" fuel), amounting to nearly half of the nation's current inventory.
The irradiated fuel would be housed on the surface of the land, on the site of an existing facility for storage and disposal of so-called "low-level radioactive waste" (LLRW). The LLRW facility is owned and operated by Waste Control Specialists (WCS). WCS and Orano (formerly Areva) comprise ISP. ISP's CISF is located about 0.37 miles from the New Mexico border, and very near the Ogallala Aquifer, an essential source of irrigation and drinking water across eight High Plains states.
The Beyond Nuclear petition charges that orders issued by the NRC in 2018 and 2020 violate federal law by contemplating that the U.S. government will become the owner of the irradiated fuel during transportation to and storage at the ISP facility. Under the Nuclear Waste Policy Act, the government is precluded from taking title to irradiated fuel unless and until a repository is licensed and operating. 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 2020 decision, in which the NRC rejected challenges to the license application, the NRC Commissioners admitted that the Nuclear Waste Policy Act would indeed be violated if title to irradiated fuel were transferred to the federal government so it could be stored at the ISP facility. But they refused to remove the proposed license provision which contemplates federal ownership of the irradiated fuel. Instead, they ruled that approving ISP's application would not directly involve NRC in a violation of federal law - according to the NRC, that violation would occur only if DOE acted on the approved license - and therefore they could approve it, despite the fact the provision is illegal. The NRC Commissioners also noted with approval that "ISP acknowledges that it hopes Congress will change the law to allow DOE to enter storage contracts prior to the availability of a repository" (December 17, 2020 order, page 5).
But the petition contends that the NRC may not approve license provisions that violate federal law in the hope the law will change. "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 ISP or the Department of Energy won't complete the illegal activity it authorized. The buck must stop with the NRC." Co-counsel Diane Curran stated, "Our claim is simple. The NRC is not above the law, nor does it stand apart from it."
In a separate case, filed in June 2020, Beyond Nuclear challenged a similar application, by Holtec International, to store up to 173,600 metric tons of irradiated fuel on another CISF site in southeastern New Mexico. The Holtec site lies just over 40 miles west from the ISP facility in Texas. Like ISP's license application, Holtec's application illegally assumes that the federal government will take title to the irradiated fuel during transportation and storage.
Background on the Nuclear Waste Policy Act. 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, versus the owners of facilities that generate irradiated fuel, with respect to storage and disposal of the highly radioactive wastes. 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 permanent geologic repository [42 U.S.C. SS 10131(a)(5)].
"Congress acted wisely when it 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," said Kevin Kamps, radioactive waste specialist for Beyond Nuclear. "It understood that irradiated fuel remains hazardous forevermore, 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." Certain radioactive isotopes in irradiated fuel remain dangerous for more than a million years, Kamps pointed out.
"Today, the NWPA remains the public's best protection against a so-called consolidated 'interim' storage facility becoming a de facto permanent, national, surface 'parking lot dump' for radioactive waste," Kamps said. "But if we ignore it or jettison the law, communities like west Texas and 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 Texas and New Mexico, shipping the waste to the ISP facility would also endanger 43 other states plus the District of Columbia, because it would entail hauling several thousands of high-risk, high-level radioactive waste shipments on their roads, rails, and/or waterways, posing risks of release of hazardous radioactivity all along the way.
"The communities near the nuclear plants that generated this dangerous high-level radioactive waste do not want it, and neither do we," said Rose Gardner of Eunice, New Mexico, whose home and business are just several miles from the ISP CISF site. She is a co-founder of the grassroots environmental justice organization Alliance for Environmental Strategies, and a member of Beyond Nuclear. "Every single one of the thousands of high-risk shipments of irradiated nuclear fuel would pass through my community, which is unacceptable," Gardner said.
Besides threatening public health, safety, and the environment, evading federal law to license the ISP facility would also impact the public financially. Transferring title and liability for irradiated fuel from the nuclear utilities that generated it to DOE would mean that federal taxpayers would have to pay many billions of dollars for so-called "interim" storage of the waste. That's on top of the many tens of billions of dollars that ratepayers and taxpayers have already paid to fund a permanent geologic repository that hasn't yet materialized.
While emphasizing the essential role of a repository to isolate irradiated fuel from the environment over the long term, Kamps said that the government should cancel the Yucca Mountain Project once and for all. "A deep geologic repository for permanent disposal should meet a long list of stringent criteria: scientific suitability, legality, environmental justice, consent-based siting, mitigation of transport risks, regional equity, intergenerational equity, and safeguards against nuclear weapons proliferation, including a ban on irradiated fuel reprocessing," Kamps said. "But the proposed Yucca Mountain dump, sited on land owned by the Western Shoshone in Nevada without their consent, 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 34 years."
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
Caving to Trump, Canada Drops Tax on US Tech Firms
One journalist accused Canadian Prime Minister Mark Carney of chickening out.
Jun 30, 2025
Acquiescing to pressure from the Trump administration, the Canadian government announced on Sunday that the country will rescind the digital services tax, a levy that would have seen large American tech firms pay billions of dollars to Canada over the next few years.
The Sunday announcement from the Canadian government cited "anticipation of a mutually beneficial comprehensive trade arrangement" as the reason for the rescission.
"Today's announcement will support a resumption of negotiations toward the July 21, 2025, timeline set out at this month's G7 Leaders' Summit in Kananaskis," said Canadian Prime Minister Mark Carney in the statement.
The digital services tax impacts companies that make over $20 million in revenue from Canadian users and customers through digital services like online advertising and shopping. Companies like Uber and Google would have paid a 3% levy on the money they made from Canadian sources, according to CBC News.
The reversal comes after U.S. President Donald Trump on Friday blasted the digital services tax, calling it a "direct and blatant attack on our country" on Truth Social.
Trump said he was suspending trade talks between the two countries because of the tax. "Based on this egregious Tax, we are hereby terminating ALL discussions on Trade with Canada, effective immediately. We will let Canada know the Tariff that they will be paying to do business with the United States of America within the next seven day period," Trump wrote. The United States is Canada's largest trading partner.
Payments from tech firms subject to the digital services tax were due starting on Monday, though the tax has been in effect since last year.
"The June 30, 2025 collection will be halted," and Canada's Minister of Finance "will soon bring forward legislation to rescind the Digital Services Tax Act," according to the Sunday statement.
"If Mark Carney folds in response to this pressure from Trump on the digital services tax, he proves he can be pushed around," said Canadian journalist Paris Marx on Bluesky, speaking prior to the announcement of the rescission. "The tax must be enforced," he added.
"Carney chickens out too," wrote the author Doug Henwood on Twitter on Monday.
In an opinion piece originally published in Canadian Dimension before the announcement on Sunday, Jared Walker, executive director of the progressive advocacy group Canadians for Tax Fairness, wrote that all the money generated for the tax could mean "more federal money for housing, transit, and healthcare transfers—all from some of the largest and most under-taxed companies in the world."
Walker also wrote that the digital service tax could serve as a counterweight to the so-called "revenge tax" provision in Trump's sprawling domestic tax and spending bill.
Section 899, called "Enforcement of Remedies Against Unfair Foreign Taxes," would "increase withholding taxes for non-resident individuals and companies from countries that the U.S. believes have imposed discriminatory or unfair taxes," according to CBC. The digital services tax is one of the taxes the Trump administration believes is discriminatory.
"If 'elbows up' is going to be more than just a slogan, Canada can't cave to pressure when Donald Trump throws his weight around," wrote Walker, invoking the Canadian rallying cry in the face of American antagonism when it comes to trade.
"But this slogan also means the Carney government has to make sure it is working on behalf of everyday Canadians—not just the ultra-rich and big corporations that are only 'Canadian' when it's convenient," Walker wrote.
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Sanders Calls Trump-GOP Budget Bill 'Most Dangerous Piece of Legislation' in Modern US History
"In my view, nobody in the Senate or the House should vote for this legislation," said Sen. Bernie Sanders.
Jun 30, 2025
U.S. Sen. Bernie Sanders condemned the Republican budget reconciliation package in stark terms during a floor speech late Sunday, calling the measure "the most dangerous piece of legislation in the modern history of our country" and warning that its massive cuts to Medicaid, federal nutrition assistance, and other programs would have deadly consequences nationwide.
"Over 50,000 Americans will die unnecessarily every year," said Sanders (I-Vt.), referring to a recent study by researchers at the University of Pennsylvania and Yale, who examined the likely impacts of Republicans' proposed healthcare cuts.
The nonpartisan Congressional Budget Office estimated over the weekend that the Senate reconciliation package, which could pass as soon as Tuesday, would slash Medicaid by more than $1 trillion and strip health insurance from nearly 12 million Americans over the next decade.
All of that "to give tax breaks to billionaires who don't need them," Sanders said Sunday, calling the Republican legislation "a death sentence for low-income and working-class people."
"This legislation is the most significant attack on the healthcare needs of the American people in our country's history," the senator added.
Sanders' remarks came hours before the Senate was set to begin the notorious vote-a-rama process whereby senators can offer an unlimited number of amendments to the reconciliation package, which, if passed, would trigger what analysts have described as the largest transfer of wealth from the poor to the rich under a single law in U.S. history.
The Vermont senator said Sunday that he intends to offer amendments aimed at slashing prescription drug costs, removing an estate tax break from the GOP legislation, and eliminating a provision that would give the Pentagon another $150 billion.
"We don't have enough money to feed hungry children," Sanders said sardonically. "We don't have enough money to make sure that people continue to have the healthcare that they need. Don't have enough money to make sure the kids can get a decent education. But somehow, the military-industrial complex is going to get another $150 billion."
"In my view," Sanders continued, "nobody in the Senate or the House should vote for this legislation."
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Trump Urges Gaza Cease-Fire Deal—And End to Netanyahu Corruption Trial in Israel
The U.S. president's comments came as Israel's military continued to kill Palestinians and order evacuations in the besieged enclave.
Jun 29, 2025
"MAKE THE DEAL IN GAZA. GET THE HOSTAGES BACK!!!" U.S. President Donald Trump said on social media early Sunday, as Israeli forces—armed with billions of dollars in military support from the United States—continued their nearly 21-month annihilation of the Palestinian territory.
Trump's Truth Social post came after he suggested on Friday that there could be a cease-fire deal between the Israeli government and Hamas, a Palestinian militant group that governed Gaza for nearly two decades and led the October 7, 2023 attack on Israel, "within the next week."
As The Associated Pressreported Sunday:
Ron Dermer, a top adviser to Prime Minister Benjamin Netanyahu, was set to travel to Washington this week for talks on a cease-fire, an Israeli official said, and plans were being made for Netanyahu to travel there in the coming weeks, a sign there may be movement on a deal.
Netanyahu was meeting with his Security Cabinet on Sunday evening, the official said on condition of anonymity to discuss plans that hadn't been finalized.
Trump's post calling for a deal also came just hours after he took to his Truth Social network to criticize the corruption trial that Netanyahu faces in Israel. Some critics of the prime minister have accused him of continuing the assault on Gaza to avoid his legal issues at home.
Saturday evening, Trump wrote:
It is terrible what they are doing in Israel to Bibi Netanyahu. He is a War Hero, and a Prime Minister who did a fabulous job working with the United States to bring Great Success in getting rid of the dangerous Nuclear threat in Iran. Importantly, he is right now in the process of negotiating a Deal with Hamas, which will include getting the Hostages back. How is it possible that the Prime Minister of Israel can be forced to sit in a Courtroom all day long, over NOTHING (Cigars, Bugs Bunny Doll, etc.). It is a POLITICAL WITCH HUNT, very similar to the Witch Hunt that I was forced to endure. This travesty of “Justice” will interfere with both Iran and Hamas negotiations. In other words, it is INSANITY doing what the out-of-control prosecutors are doing to Bibi Netanyahu. The United States of America spends Billions of Dollar a year, far more than on any other Nation, protecting and supporting Israel. We are not going to stand for this. We just had a Great Victory with Prime Minister Bibi Netanyahu at the helm—And this greatly tarnishes our Victory. LET BIBI GO, HE’S GOT A BIG JOB TO DO!
Then, Reutersrevealed Sunday that the Jerusalem District Court canceled this week's hearings for Netanyahu's trial, "accepting a request the Israeli leader made citing classified diplomatic and security grounds."
The news agency noted that "it was unclear whether a social media post by... Trump influenced the court's decision."
Meanwhile, Netanyahu's military kept slaughtering Palestinians in Gaza this weekend. In addition to the warrant for the prime minister issued last year by the International Criminal Court—which sparked retaliation from Trump—Israel faces a genocide case at the International Court of Justice.
Gaza health officials said that as of midday Sunday, Israeli attacks had killed at least 86 people in the previous 24 hours, and put the death toll since October 2023 at 56,500, with 133,419 others wounded.
With thousands more Palestinians missing in the destroyed enclave, researchers have warned that the true toll could be far higher, particularly when accounting for deaths from causes such as disease, hunger, and exposure to cold temperatures.
The Israeli military on Sunday issued evacuation orders for neighborhoods in Gaza City and other northern areas of the strip.
According to the BBC:
Medics said five people were killed in an Israeli airstrike on a tent housing displaced people in al-Mawasi near the southern city of Khan Younis—an area where people in the north had been told to evacuate to.
Five members of the Maarouf family, including three children, were killed.
"They bombed us while we were sleeping on the ground," their mother Iman Abu Maarouf said. "We didn't do anything wrong. My children were killed, and the rest are in intensive care."
Israel's attacks have crippled Gaza's healthcare system, and its blockade has limited the flow of essentials, from medical supplies to food. Israeli troops have also killed Palestinians seeking aid from the U.S.-backed Gaza Humanitarian Foundation (GHF).
The Médecins Sans Frontières (MSF)—or Doctors Without Borders—emergency coordinator in Gaza, Aitor Zabalgogeazkoa, excoriated the GHF operation and Israeli forces in a Friday statement.
"The four distribution sites, all located in areas under the full control of Israeli forces after people had been forcibly displaced from there, are the size of football fields surrounded by watch points, mounds of earth, and barbed wire. The fenced entrance gives only one access point in or out," he said. "GHF workers drop the pallets and the boxes of food and open the fences, allowing thousands in all at once to fight down to the last grain of rice."
"If people arrive early and approach the checkpoints, they get shot. If they arrive on time, but there is an overflow and they jump over the mounds and the wires, they get shot," Zabalgogeazkoa continued. "If they arrive late, they shouldn't be there because it is an 'evacuated zone,' they get shot."
Sharing the statement on social media Sunday, MSF said: "This is not humanitarian aid. It is slaughter."
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