State decisions regarding a repository for high-level radioactive waste have an extraordinary intergenerational significance. The academic legal discussion has increasingly strengthened the status of future generations in constitutional law. In its recent decision on the German Climate Protection Act, the Federal Constitutional Court equally emphasised that state actors have an obligation to protect future generations. Fundamental rights of future generations thus have an anticipated effect in the present.

After decades of preparation, the final disposal of spent nuclear fuel has reached the construction stage in Finland, and the neighboring Sweden is likely to soon follow in the footsteps. These Nordic countries rely on a similar technical concept based on passive safety, advocated as a means of minimizing the burden to future generations. The scholarly literature on the ethics of nuclear waste management has thus far paid little attention to the views of the broader publics on the associated ethical challenges.

With the termination of the Yucca Mountain project, which was proposed to be our nation’s first repository for the disposal of military and civilian spent nuclear fuel and high-level radioactive waste, the future of nuclear waste management and disposal in this country became increasingly uncertain. Interim storage has been advocated by many as a temporary solution while a permanent solution is studied for potentially several more decades to come.

In October 2022, the NEA Forum on Stakeholder Confidence (FSC) organised, in collaboration with the Belgian Agency for Radioactive Waste and Enriched Fissile Materials (ONDRAF/NIRAS), a national workshop in Dessel, Belgium, to explore the topic of stakeholder involvement across generations.

Building on previous work on this topic, participants gathered to discuss how to keep local communities involved in radioactive waste management after site selection, how to engage youth as key stakeholders and which approaches can be used to communicate with stakeholders now and in the future.

Intergenerational justice is an inherent component of nuclear waste management. By looking at challenges of intergenerational justice at various stages of the repository siting process, the following thesis is discussed: Current generations can anticipate notions of intergenerational justice by applying high procedural standards to enable equitable distribution between generations and thus adequately recognize the needs of future generations. Applying high standards in this context means a constantly critical, reflexive, and open process, without bias or selfishness.