Connecticut, New York and Vermont have challenged the Nuclear Regulatory Commission (NRC) rule that extended to 60 years the time that power plants may store nuclear waste on site. New York v. NRC, No. 11‑N/A (D.C. Cir. filed 2/14/11). Petitioners ask that the NRC’s “waste confidence decision” and accompanying final rule be vacated and remanded to the NRC for site‑specific risk analysis and impact studies of on‑site waste storage at some 100 facilities in the United States.

The petition alleges that, in promulgating its decision and rule, the NRC violated NEPA, the Administrative Procedure Act, Atomic Energy Act, commission policies and regulations, Council on Environmental Quality regulations, and other unspecified laws and regulations. In its Temporary Storage Rule and Waste Confidence Decision, the NRC determined that, if necessary, spent nuclear fuel “can be stored safely and without significant environmental impact for at least 60 years beyond the licensed life” of the reactor that generated it. 75 Fed. Reg. 80,132 (12/23/10) and 75 Fed. Reg. 80,137 (12/23/10).