DC Circ. Says Order Forcing NRC Yucca Review Likely

Law360, New York (August 3, 2012, 6:42 PM EDT) -- The D.C. Circuit said Friday it would likely order the Nuclear Regulatory Commission to resume a long-pending review of the Yucca Mountain waste repository, but not before giving Congress a final opportunity to direct the commission's action on the project.

In a split ruling in litigation over licensing of the Nevada-based site, two appeals judges said that unless Congress untangled the dispute over funding for the NRC’s review, they would grant a writ of mandamus ordering the commission to take up the project’s license application....
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