ELR Citation: ELR 20109
No(s). 2:08-CV-352 (D. Utah May 15, 2009)

A district court held that an interstate radioactive waste compact lacks the authority to prohibit a private disposal facility in Clive, Utah, from accepting imported low-level radioactive waste (LLRW). The Low Level Radioactive Waste Policy Amendments Act of 1985 granted regional compacts the authority to restrict or prohibit the importation of out-of-region LLRW to the compact’s regional disposal facilities. The Clive facility, however, is not a regional disposal facility since it was not established by or operated under the compact. The compact, therefore, has no authority to restrict the flow of out-of-region waste to that facility. While Congress has expressed its unambiguous intent to waive dormant Commerce Clause restrictions on the ability of regional compacts to regulate the disposal of LLRW generated within the compact boundaries, it has not expressed its unambiguous intent to waive dormant Commerce Clause restrictions on regulation by regional compacts of private LLRW facilities not covered by the compact system.