State Compact Cannot Regulate Importation of Low-Level Radioactive Waste to Private Facility

摘要

After considering the legislation and history of the process, the district court concluded that the Consent Act did not express an "unambiguous intent" to grant ". . . nearly unlimited exclusionary authority over LLRW disposal within the compact boundaries" as claimed by Northwest. Further, the court held that the 1980 Act was the only unambiguous expression of congressional intent to lift Dormant Commerce Clause restrictions on state regulation of LLRW interstate commerce. Therefore, the district court concluded that Northwest had authority only to restrict access to its regional disposal facility. As EnergySolutions was found not to be a regional disposal facility under the Acts, Northwest had no authority to restrict out-of-region waste from coming to the Clive Facility. As a result, Northwest cannot prohibit EnergySolutions from importing LLRW from Italy for disposal at its Clive, Utah facility.