WASHINGTON — Utah's congressional delegation has asked Interior Secretary Ken Salazar to appeal a recent judicial decision that could bring a new solicitation for a right of way and a lease from a consortium that wants to build above-ground storage for spent nuclear fuel near the Utah Test and Training Range.

The letter, signed by all five members of Utah's delegation, states that the Interior Department acted appropriately in its fiduciary duties by completing a thorough review of the proposed project.

"We strongly believe that the court's decision was unwarranted," the delegation states.

The proposed site, they say, is just too dangerous.

"It should also be noted the (Utah Test and Training Range) is the Air Force's only cruise missile test range and is one of only two Air Combat Command-approved Joint Direct Attack Munition ranges," the letter says. "In fact, the site is directly over a preferred access route for aircraft traveling from Hill Air Force Base."

The letter cites instances of several military aircraft crashes within sight of the proposed site.

"The delegation believes this is particularly relevant since approximately 80 percent of Utah's population lives within 50 miles of the (proposed) site," the letter says.

U.S. District Judge David M. Ebel of Denver on July 26 ordered the U.S. Department of the Interior to re-evaluate the decision to reject a nuclear waste repository on an American Indian reservation.

Ebel put out a 36-page decision saying the government abused its discretion.

The Skull Valley band of Goshute Indians and a group of nuclear-powered utilities sued three years ago, claiming the Interior Department killed the project under pressure from Utah's leading politicians.

The Interior Department had rejected plans for a transfer station on federal lands to offload spent nuclear fuel rods as well as a lease for the repository. Ebel ordered a new decision on both counts.