"By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department's application for a never-completed waste storage site at Nevada's Yucca Mountain.
In a sharply worded opinion, the court said the nuclear agency was "simply flouting the law" when it allowed the Obama administration to continue plans to close the proposed waste site 90 miles northwest of Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation's nuclear waste repository.
"The president may not decline to follow a statutory mandate or prohibition simply because of policy objections," Judge Brett M. Kavanaugh wrote in a majority opinion, which was joined Judge A. Raymond Randolph. Chief Judge Merrick B. Garland dissented."
That's a shocking legal opinion when you consider the past 4.5 years.
ReplyDeleteYes it is, but very necessary if the country isn't to degenerate into a land of capriciously enforced laws implemented by unelected bureaucrats.
DeleteMore such decisions, please.
Necessary, absolutely. But shocking all the same.
ReplyDelete