ML20055C469
| ML20055C469 | |
| Person / Time | |
|---|---|
| Issue date: | 05/01/1990 |
| From: | Cordes J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| TASK-AII, TASK-SE SECY-90-155, NUDOCS 9005080089 | |
| Download: ML20055C469 (2) | |
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ADJUDICATORY ISSUE May 1, 1990 SECY-90-155 (Information)
FOR:
The Commissioners FROM:
John F. Cordes, Jr.
Solicitor
SUBJECT:
LITIGATION REPORT 1990-19 State of Michigan, et al. v. United States, et al., No. 5:90-CV-27 (W.D. Mich.)
As predicted in Litigation Report 1990-11, the State of Michigan and several of its state agencies have filed this action in Federal District Court for the Western District of Michigan challenging the constitutionality of the Low Level Waste Policy Act Amendments of 1985 ('LLWPAA" or "the Act').
Like the State of New York (see State of New York v.
United States, Litigation Report 1990-11),
Michigan alleges that the LLWPAA violates the Guaranty Clause of Article IV, S 4 of the United States Constitution.
Michigan also generally alleges that the Act violates its state sovereignity under the U.S.
Constitution.
The named defendants are identical to those in State of New York.
The Nuclear Regulatory Commission and Chairman Carr (in his official capacity) are both named.
However, this case differs from the New York case in that, aside from seeking to have the LLWPAA declared unconstitutional, Michigan is also seeking to have the Court ' compel
- the NRC and DOE (as
' cooperating agency") to supplement the EIS prepared in conjunction with implementation of 10 CFR Part 61.
Michigan also seeks to compel preparation of a new EIS "considering the inter-relationship of all potential LLRW Disposal Facilities and the impact on the disposal of LLRW of the past significant reduction in LLRW volumes and the anticipated NOTE:
TO BE MADE PUBLICLY AVAILABLE IN 10 WORKING DAYS FROM THE DATE OF THIS
[f PAPER
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.r reductions in the future.'
It requests that this EIS be prepared in advance of NRC review of any license applications (which are to be filed, according to the Act, by January 1, j
1992), and requests that the Court relieve Michigan of all.further responsibilities under the Act until the EISs are prepared.
To OGC's knowledge, these requests have never been brought directly to NRC.
As with the other District Court cases challenging the LLWPAA, we will work closely I
with the Department of Justice and the other l
involved agencies in defending the suit.
CONTACT:
Carole Kagan x21632 F GAL, ohn F. Cordes, Jr.
Solicitor DISTRIBUTION:
i Commissioners OGC l
OIG LSS GPA REGIONAL OFFICES EDO ACRS 7
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