Utah’s decades-long fight to stop the nation’s spent nuclear fuel from being stored in Utah--once thought to be definitively won in 2006--just hit a major setback. The story’s in today’s Salt Lake Tribune, but we wanted to give you some more of the back story, and the practical realties of what this setback means, since HEAL Utah was at the forefront of the fight to stop this proposal (called ‘Private Fuel Storage’ or ‘PFS’). So here’s the scoop.

In the Fall of 2006, a consortium of 8 nuclear utilities called Private Fuel Storage was poised to build a so-called “temporary” storage site for 4,000 casks of spent nuclear fuel (also called high-level waste) in Utah’s West Desert, on the Skull Valley Goshute reservation.

PFS had already received a green light for the project from Federal regulators at the Nuclear Regulatory Commission (NRC) (more on that below), but was awaiting approval on two minor but necessary aspects of the plan: a right-of-way from the Bureau of Land Management (BLM) for a rail line transfer facility, to transfer the casks from train to truck; and a lease from the Bureau of Indian Affairs (BIA), which acts as a trustee for the Goshute Indian Tribe.

The Department of Interior (DOI), which oversees both the BLM and the BIA, denied the PFS requests--and in so doing, delivered a death blow that Utah’s Senator Hatch referred to as the “stake through the heart” of the PFS proposal.

But unfortunately, a decision issued by Federal Judge David Ebel last night removed that stake and brought the unholy plan back to life.

In the wake of the judge’s decision, the ball is back in the Interior Department’s court; they can take three different courses of action:
-Appeal the judge’s decision to a higher court,
-Amend their decisions in a way that satisfies the judge’s concerns, or
-Reverse the prior decision, and issue approvals for the right-of-way and lease

We’d like to see the DOI appeal the judge’s decision. But there’s always the chance that the agency could go ahead and approve the request. After all, the Blue Ribbon Commission recently convened by President Obama is seriously looking at centralized interim storage in a post-Yucca Mountain Repository world, and nuclear utilities are throwing a fit, filing lawsuits against the US Government until their high-level waste can be moved off-site from the reactors.

If the Interior Department’s decision to deny the right-of-way and lease doesn’t stand, we expect another legal challenge to kick into high gear.

When the NRC first approved the license for the PFS proposal, the State of Utah challenged that decision, citing environmental concerns, risks of terrorism, and the risk of airplane crashes at the site. The DC Circuit Court put that challenge on the back burner until after the DOI had made its decision, and will return to this case if PFS is ever successful in securing the right-of-way and lease.

UPDATE: Utah's entire Congressional Delegation back in DC released a joint press release condemning the judge's decision, and vowing to take every step necessary to stop the project.

As we await word from the Department of Interior on their next steps, HEAL Utah has some ideas in the works for how we, the Utah public, can also show our own united front against the PFS proposal. If you are interested in hearing more about these plans as they develop, make sure to sign up for our email alerts and/or become a fan of HEAL Utah on Facebook, and we'll keep you in the loop.

The bottom line is that Utah should not bear the risks of high-level nuclear waste form across the country. We didn’t make this waste, we didn’t benefit from the power, and we already live with 97% of the country’s low-level nuclear reactor waste every year. And with the Yucca Mountain repository having been cancelled, you can bet that any high-level waste that makes its way here will be here to stay.

We know that today’s turn of events is pretty bleak and feels disempowering because the decision flies in the face of almost unanimous opposition from the Utah public.

But it’s also a clarion call to support an electricity grid that matches the right kinds of renewable energy resources to produce the power we need when we need it--obviating the need for dirty energy sources like nuclear power--and that’s the purpose of HEAL Utah’s eUtah renewable energy study. Through July 31st, you can help fund our important work on this study by making a contribution that will help us receive a $10,000 matching grant to support this vital work.

Finally--we’d love to hear what you think about yesterday’s ruling and what it means for Utah and nuclear power in general, so please post a comment in our comments section below.

A note about our comments section: HEAL Utah works to promote a robust democracy and that commitment to democracy extends to our comment boards. Even if you disagree with our blog post, your comment is welcome! However, we reserve the right to withhold comments that are not offered in the spirit of dialogue or do not contribute materially to the discussion. Thanks!