" Four years ago, Utahns thought they had driven a stake through the heart of a scheme to store 44,000 tons of highly radioactive spent nuclear reactor fuel in steel casks on a parking lot in Skull Valley. In July, however, a federal court revived the project, ruling that the Department of the Interior must reconsider its decisions denying a right of way and a lease. Now, Interior has compounded that setback to Utah’s interests by declining to appeal the court’s decision.

This project is so hostile to the health, safety and economic well-being of Utah that this state must employ every legal means to stop it. That is why we are so disappointed with Interior’s decision not to appeal the court’s ruling.

Candidly, the judge had ample grounds to send the decisions on the lease and right of way back to Interior for further proceedings. After that added consideration, possibly including a supplement to the environmental report, it is possible that Interior could once again rule against both the lease and the right of way.

Nevertheless, a review by an appeals court was worth the effort, if only to deduce whether other judges would affirm the trial court’s ruling that Interior’s earlier decisions were “arbitrary and capricious.” The trial judge reached that conclusion because Interior officials failed to remedy difficulties in their own environmental impact statement, then cited those problems as reasons to deny the applications."

Get the Story:
Editorial: No appeal (The Salt Lake Tribune 9/30)

District Court Decision:
Skull Valley Band of Goshute Indians v. DOI (July 26, 2010)

Interior Decision Documents:
Skull Valley Band Nuclear Waste Repository

Related Stories:
DOI won't appeal decision over Skull Valley Goshute waste dump (9/28)
Opinion: Storing nuclear waste on Goshute Reservation bad idea (9/1)
Tim Vollman: Skull Valley Band wins right to nuclear waste facility (8/30)
Secretary Salazar won't commit to appeal on Goshute nuclear site (08/04)
Utah politicians urge appeal on Skull Valley Goshute nuclear waste (8/3)
Politicians promise battle on Goshute Band nuclear waste facility (7/28)
Judge blasts Bush decision on Goshute Band nuclear waste facility (7/27)
Judge holds hearing over rejected Goshute nuclear dump (3/23)
Skull Valley Goshutes sue DOI over lease rejection (7/18)
Court puts off challenge to Goshute nuclear (6/27)
Interior called Goshute chairman on cell phone (09/14)
Goshute chairman blasts Interior on waste deal (9/13)
Editorial: Interior, the imprudent trustee (9/11)
Interior rejects Skull Valley nuclear waste dump (9/8)
Goshute Tribe rejects Griles deal as 'disingenuous' (4/24)