REMEMBER THE . . . WEST TEXAS NUCLEAR WASTE SITE? TEXAS’ LAST STAND AGAINST NUCLEAR WASTE DISPOSAL AND THE FUTURE IMPLICATIONS ON GREEN ENERGY AND NATIONAL SECURITY
Open Access DepositedThe question of what to do with nuclear waste is one that has been debated for over a half century. The United States Government’s attempts to address the problem through federal legislation have been a failure and the country is seemingly no closer to achieving a permanent solution to the problem today than it was 50 years ago. During this time, dry casks of radioactive waste continue to build around the nation awaiting a permanent home.In the wake of this failure, private industry is seeking to fill the void by developing temporary storage facilities for radioactive waste. One such facility has been constructed and is ready for operation in West Texas. The U.S. Government has reviewed the facility and determined it is safe and ready for operation. One major problem looms: The State of Texas. In a last-minute effort to derail the facility and prevent nuclear waste from coming into the State, the Texas legislature passed a law to prevent exactly that from happening. The Federal Government, undeterred, has issued a license authorizing the project to go forward. The result: A Federal vs. State legal battle of massive importance. This thesis will analyze the relevant law and arguments that will be in play when this case eventually is heard by the Fifth Circuit of Appeals. The thesis will examine the implications this ruling will have on the future of nuclear energy; specifically in the fight against climate change and how it will affect national security. Finally, this thesis recommends that if Texas ultimately prevails in the Fifth Circuit, the Government should turn to the military to take the reins on solving the problem of storing nuclear waste.
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