ELR Citation: 41 ELR 20222
No(s). 10-1050 (D.C. Cir. Jul 1, 2011)

The D.C. Circuit dismissed petitions for review challenging DOE's attempt to withdraw its application to NRC for a license to construct a permanent nuclear waste repository at Yucca Mountain, Nevada, as well as its apparent decision to abandon development of the Yucca Mountain nuclear waste repository. Petitioners claims that these actions, which demonstrate DOE's desire to abandon development of the Yucca Mountain nuclear waste repository, violate the Nuclear Waste Policy Act, NEPA, and the APA. But until NRC either acts on DOE's motion to withdraw or rules on the license application, there is a lack of finality and ripeness. Accordingly, the court lacks jurisdiction.