Legal

Legal Cases

United States v. State Engineer (5th Judicial District Court, Nye County, No. 15722). This is the appeal filed by the United States on behalf of the U.S. Department of Energy (DOE) following the State Engineer's denial of DOE’s applications for permanent water rights to construct and operate the proposed Yucca Mountain repository. This case was filed as a protective measure while the United States pursues its constitutional claims in the main water litigation in federal district court. The case remains pending.   

United States v. State of Nevada (U.S. District Court, No. CV-S-00-0268-DWH-LRL).  This case is the United States’ challenge of the Nevada State Engineer's decision determining that the United States Department of Energy (DOE) is not entitled to permanent water rights to construct and operate the proposed repository based on the State Engineer's finding that the proposed use threatens to be detrimental to the public interest. DOE curtailed its minimal water use and in 2009, publicly announced that the proposed Yucca Mountain High-Level Nuclear Waste repository is unworkable. At present time, the United States Congress has not appropriated funds for that purpose. The litigation remains pending.

State of Nevada v. United States Environmental Protection Agency (EPA) (U.S. Court of Appeals for the District of Columbia Circuit, No. 08-1327). Nevada filed suit on October 10, 2008, against EPA, challenging the revised EPA radiation standard for the proposed Yucca Mountain repository. Due to uncertainty at the federal level and the failure of Congress to fund the Yucca Mountain project, this litigation is being held in abeyance. In the event the adjudicatory portion of NRC licensing proceeding resumes or circumstances require, a restart of this litigation may be considered. Quarterly status reports continue to be filed with the Court.

State of Nevada v. United States Nuclear Regulatory Commission (NRC) (U.S. Court of Appeals for the District of Columbia Circuit, No. 09-1133) Nevada filed a petition for judicial review on May 8, 2009, the NRC’s Licensing Rule adopting EPA’s radiation standard for the proposed Yucca Mountain repository. The case is pending. This litigation is being held in abeyance pending resolution of whether the Yucca Mountain project will proceed and receive federal appropriations. In the event the adjudicatory portion of the NRC licensing proceeding resumes or circumstances require, a restart of this litigation may be considered. Quarterly status reports continue to be filed with the Court.

State of Nevada v. United States Department of Energy (9th Circuit 09-71015). This case challenges DOE’s selection of the Caliente rail corridor and currently is being held in abeyance pending congressional funding or as circumstances require.

State of Nevada v. United States Department of Energy and the National Nuclear Security Administration (DOE/NNSA), (U. S. District Court, No. 3:18-cv-00569-MMD-CBC).  This case is Nevada’s challenge to DOE’s inadequate National Environmental Policy Act (NEPA) evaluation to ship one metric ton of weapons-grade plutonium to the Defense Assembly Facility at the Nevada National Security Site (NNSS).  Nevada also asserts that storage of one half-metric ton of plutonium, which DOE surreptitiously shipped to Nevada under the defunct NEPA analysis, creates a public nuisance. In January 2019, the Department of Energy revealed it had already completed the shipments, prompting debates over whether the case was moot. The case has been involved in subsequent motions and hearings regarding the legality of the transport and the lack of transparency.