
The U.S. Court of Appeals for the D.C. Circuit on Tuesday, August 13, 2013 ruled 2-1 that the Nuclear Regulatory Commission must resume its consideration of the Department of Energy's license application for Yucca Mountain. The decision that the Nuclear Regulatory Commission was violating Federal law by delaying a decision on the proposed nuclear waste dump at Yucca Mountain, received heavy attention. Most of the coverage saw the decision as a rebuke of the Obama Administration.
"The president may not decline to follow a statutory mandate or prohibition simply because of policy objections," Judge Brett M. Kavanaugh wrote in a majority opinion, which was joined Judge A. Raymond Randolph. Chief Judge Merrick B. Garland dissented in the case. Kavanaugh also wrote: "It is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies to disregard federal law in the manner asserted in this case by the Nuclear Regulatory Commission."
Gov. Nikki Haley (via spokesperson Doug Mayer): "From day one, Gov. Haley has been crystal clear on this issue - Yucca has been bought and paid for with South Carolina dollars and it's time to start using it to store nuclear waste. Only in Washington is it legal to make people pay something for nothing and that is exactly what is happening here. President Obama and his administration have failed to lead on this issue but with this ruling there is no legitimate excuse to not move forward and the South Carolinians, who continually pay for services they don't receive, expect nothing less. The governor is dedicated to keeping South Carolina from becoming a permanent home for this nation's processed nuclear waste and will continue pushing for Yucca Mountain to be used for its intended purpose."
Sen. Lindsey Graham: "I applaud the Court's calling out the Obama Administration for their flagrant violation of the law. The court rightly rebuked the Obama Administration for delaying a decision on this important national security matter. Yucca Mountain remains the appropriate nuclear waste storage site. In addition, some of the first nuclear waste to be sent to Yucca Mountain would come from Savannah River Site. Today's ruling is positive news for South Carolina and our nation."
Sen. Tim Scott: "Time and again, we have seen this administration simply ignore laws that it doesn't want to follow," Scott said. "From failing to follow through with the Yucca Mountain review to unilaterally delaying politically inconvenient components of Obamacare, the president has made a habit of disregarding existing laws at his convenience. This court ruling sends a clear message that the administration must comply with the rules that are in place, or work with Congress - and across party lines - to change them. We all have to play by the same rules. The president and his administration are not exempt."
Rep. Joe Wilson: "The Obama Administration has developed a habit of disregarding the law. Today's decision by the DC Circuit Court of Appeals is a tremendous victory for our nation as it holds the President accountable for abiding by the decision Congress made to designate Yucca Mountain as the nation's nuclear waste repository. South Carolina rate-payers have invested over $1.3 billion dollars into Yucca Mountain over the last thirty years and we deserve to see this project completed."
Rep. Jeff Duncan: "Today's ruling shows once again that President Obama is not above the law. Congress established Yucca Mountain as the nation's nuclear waste depository. The President cannot change that simply because he disagrees. Moving forward with Yucca Mountain honors the promise made to states like South Carolina to develop a safe and permanent storage facility for nuclear materials and supports decades long U.S. national security and non-proliferation policies. Nuclear power can continue to be a safe and dependable power source that leads our country closer to energy independence. I remain committed to do everything in my power to ensure that Yucca Mountain moves forward and that our government is making energy decisions based on what's best for the country, not based on politics."
Secretary of Energy, Ernie Moniz: "I think once the NRC has clarified its position, then we will get their guidance and act appropriately. But always subject to appropriations, because frankly, currently we do not have the funding to do any substantial department work."
Sen. Harry Reid: "The fact is they have no money. The place is locked up; it's padlocked. Nothing is happening with Yucca Mountain. Yucca Mountain is an afterthought.