Matheson Hails Court Ruling Restoring Compact Authority Over Utah Nuke Waste Site

Press Release

Congressman Jim Matheson said an agreement between states providing oversight of radioactive waste disposal is validated today, following a federal appeals court ruling that states can decide--through compact agreements--whether or not to accept nuclear waste. The U.S. Tenth Circuit Court of Appeals issued its ruling overturning a Utah federal court decision from May 2009.

Matheson authored and passed in the House the Radiation Import Deterrence (RID) Act, to ban the importation of foreign radioactive waste. He has said that the expected growth of the nuclear power industry together with dwindling disposal space argues for preserving that space for domestic needs.

"This is great news. It validates what we have said all along -- that Congress, together with states--always envisioned that in exchange for taking responsibility for low-level radioactive waste disposal, states would have the authority to prohibit the importation of waste from outside compact regions. Now that oversight and accountability role has been reaffirmed in federal court," said Matheson.

Matheson said in its decision, the Tenth Circuit found that, contrary to the interpretation of the lower court, the rules of the Compact are the primary legal document relevant in the case. Utah is a member of the 8-state Northwest Interstate Compact. Utah and the Compact both opposed a Utah company's decision to bring in radioactive waste from Italy , for disposal at its Clive , Utah facility. The company filed suit, claiming that the Compact had no authority over its operation.

Today's ruling states, "The terms of the Compact control in this situation, and the member states were within the bounds of their authority when they denied permission regarding this waste."

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