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2004_D.C._Circuit_Court_Decision.pdf (244.52 KB) | 244.52 KB |
In sum, we vacate 40 C.F.R. part 197 to the extent that it incorporates a 10,000-year compliance period because, contrary to EnPA section 801(a), that compliance period is not<br> "based upon and consistent with " the recommendations of the National Academy of Sciences. The remaining challenges to the EPA rule are without merit. We vacate the NRC rule insofar as it incorporates EPAÕs 10,000-year compliance period. In all other respects, we deny NevadaÕs petition for review challenging the NRC rule. We also reject the StateÕs challenge to the constitutionality of the resolution approving the Yucca Mountain site, and we dismiss the StateÕs petition attacking the Department of EnergyÕs and the PresidentÕs actions leading to passage of that resolution, as those actions are unreviewable.<br>