Appeals court dismisses nuclear waste suit
Lawyer Blogs
The Obama administration won a legal battle Friday in the long-standing fight over where to bury the nation's nuclear waste, but it's not likely to be the last.
The federal appeals court in Washington ruled against South Carolina, Washington state and others that want to ship radioactive spent nuclear fuel they are temporarily storing to a repository 90 miles from Las Vegas at Yucca Mountain.
Congress chose Yucca Mountain as the leading candidate for waste disposal. But opponents are concerned about contamination, and the Obama administration said it would not consider the site and would look for alternatives.
The appeals court ruled that it's not an appropriate time for it to intervene because the Nuclear Regulatory Commission hasn't made a final decision yet on the status of Yucca Mountain. So the court threw out the case.
But the court pointed out that the commission is required under the law to issue a final decision within four years of an application, which will come in 2012 for the Bush administration's application for construction at Yucca Mountain. The court noted the commission's decision can be reviewed by the court and that it can also be sued for failing to act by the deadline.
Other than Yucca Mountain, the United States has no long-term plan for disposing of its nuclear waste. A federal report issued early in June said the U.S. has generated more than 82,000 tons of spent nuclear fuel and high-level nuclear waste, which it was storing at 80 sites in 35 states.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.