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EnergySolutions, LLC v. Utah, No. 09-4122

Challenge to Radioactive Waste Compact

In EnergySolutions, LLC v. Utah, No. 09-4122, an action claiming that the Northwest Interstate Compact on Low-Level Radioactive Waste did not have statutory authority over plaintiff's facility, the court affirmed summary judgment for defendants where the Northwest Compact allowed its member states to exclude low-level radioactive waste from disposal at a Utah site.

As the court wrote:  "EnergySolutions is the owner and operator of a facility for the disposal of low-level radioactive waste located in Clive, Utah. Utah is a member state of the Northwest Compact, and required EnergySolutions to obtain permission pursuant to the Compact for the importation and disposal of low-level waste from a decommissioned reactor in Italy. The member states, including Utah, voted to deny this approval, based on exclusionary authority it claimed through the federal statute approving the terms of the Compact."

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