Regardless of the outcome of the ongoing debate about the proposed Yucca Mountain geologic waste repository in Nevada, the storage of spent nuclear fuel (SNF)—also referred to as “high-level nuclear waste”—will continue to be needed and the issue will continue to be debated. The need for SNF storage, even after the first repository is opened, will continue for a few reasons. <br/>• The Obama Administration terminated work on the only planned permanent geologic repository at Yucca Mountain, which was intended to provide a destination for most of the stored SNF.

On September 30, 2008, the Environmental Protection Agency (EPA) issued the long-awaited revision to its 2001 Public Health and Safety Standard for the proposed Yucca Mountain deep geologic repository for high-level radioactive waste and spent nuclear fuel. While the issuance of the standard allows the Nuclear<br/>Regulatory Commission (NRC) to issue its final conforming standards and move forward toward a final license decision for the facility, EPA’s standard raises several unprecedented regulatory issues and is likely to be further challenged in court.