THE NEVADA PROTECTION FUND
LEGAL CONTINGENCY FUND ACTIVITIES
Nevada has been preparing for the technical and legal battle over Yucca Mountain for over 15 years. To date, however, the DOE has gone to great lengths to avoid making formal decisions that the State could contest, putting off each subsequent controversy to yet another study or another interim program milestone. The upcoming federal decisions regarding the Yucca Mountain program provide Nevada with ready-made legal challenges and opportunities that will determine the ultimate fate of the project. For the first time, Nevada will be able to formally challenge final federal agency actions, including the final Yucca Mountain EIS, the site recommendation decision itself, and various changes to environmental, health, safety, and repository siting regulations required to enable DOE to recommend Yucca Mountain as a repository location. The Legal Contingency Fund is designed to assure that Nevada is prepared, with adequate resources and expertise, to successfully challenge these actions in the appropriate legal and adjudicatory arenas.
Resources from the legal defense/contingency fund are being used to procure the highest quality legal support to supplement and compliment the legal work being done by the Attorney General's Office. The Attorney General and the Agency for Nuclear Projects contracted with law firms that specialize in legal cases involving challenges under the National Environmental Policy Act, the U.S. Nuclear Regulatory Commission's licensing proceedings, and constitutional issues that will be raised if the federal government attempts to go forward with the Yucca Mountain project in spite of the serious site flaws and in the face of strong opposition by the State.
Governor's Nevada Protection Fund - National Public Information Initiative