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Group Challenges Virginia's 33-Year-Old Uranium Mining Moratorium
Aug. 06, 2015 10:46AM PST
Energy InvestingWorld Nuclear News reported that a group of companies has filed a lawsuit against the Commonwealth of Virginia as they seek to overturn a 33-year-old uranium mining moratorium.
World Nuclear News reported that a group of companies has filed a lawsuit against the Commonwealth of Virginia as they seek to overturn a 33-year-old uranium mining moratorium.
As quoted in the market news:
The lawsuit was filed yesterday in the US District Court for the Western District of Virginia in Danville by law firm Cooper & Kirk on behalf of plaintiffs Virginia Uranium Inc, Virginia Energy Resources Inc, Coles Hill, LLC and Bowen Minerals, LLC.
The plaintiffs are asking the court to declare the state’s ban on the development of uranium mining regulations null and void on the grounds that it is invalid under the US Constitution. They contend that Virginia’s refusal to develop uranium mining regulations is based on issues related to the processing of uranium ore and, in particular, the long-term storage and management of uranium mill tailings. However, they argue regulatory oversight and management of any uranium mill and the resulting tailings would be under the “clear and exclusive jurisdiction” of the US Nuclear Regulatory Commission (NRC). Thus, they contend, the ban on uranium mining is preempted by federal law and is therefore invalid.
US states can take responsibility for licensing byproduct, source, or special nuclear materials used or possessed within their border by entering into agreements with the NRC. Uranium mining comes under the remit of Virginia’s 2009 agreement with the NRC, but the federal regulator retained authority with respect to processing facilities.