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Obama lacks authority to shutter Yucca site, court told
Miami Herald ^ | March 22, 2011 | James Rosen

Posted on 03/22/2011 7:56:30 PM PDT by fightinJAG

-Lawyers for Washington state and South Carolina on Tuesday accused President Barack Obama of exceeding his constitutional power in closing the Yucca Mountain nuclear-waste repository.

Washington state Assistant Attorney General Andrew Fitz told a federal appellate court that Obama's refusal to fund continued development of the Nevada site violates the 1982 Nuclear Waste Policy Act.

"He's acting unconstitutionally under the separation of powers doctrine because he doesn't have the authority under the statute," Fitz told a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. "He had no authority to reverse it."

In 1987 amendments to the nuclear-waste law, Congress designated Yucca Mountain as the central site for radioactive debris from the nation's 104 commercial reactors - and from nuclear-weapons sites that have held even more toxic waste since the Cold War.

The government has spent $10 billion developing the Yucca site, but Obama has stripped funding for it from his last two budget proposals to Congress.

Republicans, who have proposed legislation to revive the repository, accuse Obama of making a political gesture to Senate Majority Leader Harry Reid of Nevada, whose residents dislike the notion of burying radioactive debris from across the country at a subterranean site 90 miles northwest of Las Vegas.

(Excerpt) Read more at miamiherald.com ...


TOPICS: News/Current Events; US: Nevada; US: South Carolina; US: Washington
KEYWORDS: alanwilson; andrewfitz; brettcavanaugh; davidsentelle; harryreid; leehamilton; nuclearpower; nuclearwaste; stevenchu; yuccamountain
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1 posted on 03/22/2011 7:56:33 PM PDT by fightinJAG
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To: fightinJAG

Uh, President Obama don’t need no stinkin’ authority!


2 posted on 03/22/2011 7:57:04 PM PDT by fightinJAG (I am sick of people adding comments to titles in the title box. Thank you.)
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To: fightinJAG

“He’s acting unconstitutionally under the separation of powers doctrine because he doesn’t have the authority under the statute,” Fitz told a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. “He had no authority to reverse it.”

The O-hole: What’s your point?


3 posted on 03/22/2011 7:59:00 PM PDT by Common Sense 101
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To: fightinJAG
Just out of curiosity, Google search for Obama exceeding constitutional power nets over one million hits.
4 posted on 03/22/2011 7:59:28 PM PDT by mnehring
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To: fightinJAG

BO/BS violated the Constitution the moment he took office since he has not fulfilled the natural born citizen clause in Article 2 Section 1 of the Constitution. He certainly isn’t going to care about violating any other portion of the Constitution.


5 posted on 03/22/2011 8:00:20 PM PDT by Defend Liberty
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To: fightinJAG

Aw you are going to make the little Boy Cry.


6 posted on 03/22/2011 8:02:16 PM PDT by Cheetahcat ( November 4 2008 ,A date which will live in Infamy.)
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To: fightinJAG

Yep, one of them there Executive orders will do.


7 posted on 03/22/2011 8:03:06 PM PDT by doc1019 ( The quieter you become, the more you are able to hear.)
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To: mnehring

Wow!

You know, if this judge finds that Obama exceeded his authority in closing Yucca, that judge can cry in his beer with the judge who said Obama exceeded his authority in stopping drilling in the Gulf and the judge who said the whole dang Obamacare debacle was, um, UNCONSTITUTIONAL.

Meanwhile, in WI, a perfectly legal action is being held up by a judge who should have recused her sorry-self because her son is a SEIU activist.


8 posted on 03/22/2011 8:05:31 PM PDT by fightinJAG (I am sick of people adding comments to titles in the title box. Thank you.)
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To: fightinJAG

Obama, the one-man Chernobyl.


9 posted on 03/22/2011 8:06:04 PM PDT by Hardraade (I want gigaton warheads now!!)
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To: mnehring

Interesting. I substituted Bush for Obama and got about 2 million hits. Twice as many in four times the term in office.


10 posted on 03/22/2011 8:07:44 PM PDT by Cyber Liberty (Oh, well, any excuse to buy a new gun is good enough for me.)
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To: fightinJAG

I guess the adjunct professor’s plan is to just keep the stuff permanently in transit.

About as well thought out as Guantanamo. Most of us grew out of such abstract naivete’ when we got our first job.

Maybe that’s the problem here.


11 posted on 03/22/2011 8:09:23 PM PDT by One Name
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To: Common Sense 101; All
Unsafe at any reactor

Los Angeles Times - Wes Bausmith - ‎2 hours ago‎

And now that the Obama administration has called off proposed plans to store nuclear waste at the Yucca Mountain site in Nevada, fuel is likely to remain at the plants where it was used for decades to come. This presents a serious threat. ...

and

NRC plans review as focus turns to nuclear fuel storage

Of course Obambi's political payola to Harry Reid set our nuclear storage safety back decades, if not longer. Thanks, Barry.

12 posted on 03/22/2011 8:11:51 PM PDT by fightinJAG (I am sick of people adding comments to titles in the title box. Thank you.)
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To: fightinJAG

If I understand things correctly, it is this lack of a repository that forced Japan to store spend fuel rods on site...the same rods that are overheating and have NO containment around them.


13 posted on 03/22/2011 8:12:14 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: BobL

Yep.


14 posted on 03/22/2011 8:12:52 PM PDT by fightinJAG (I am sick of people adding comments to titles in the title box. Thank you.)
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To: fightinJAG
I hate to have to DEFEND the illegal scumbag, but it's not his responsibility to fund anything - CONGRESS holds the power of the purse! Just because they start with his proposed budget when they write the annual budget, doesn't mean that they aren't CONSTITUTIONALLY responsible to determine the U.S. budget.

[Sigh]

Happy? You put me on Odumbo's side. Now I have to shower. [Blech]

15 posted on 03/22/2011 8:13:07 PM PDT by mrreaganaut (Coolidge for President!)
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To: mrreaganaut

I am so very sorry. Forgive me.


16 posted on 03/22/2011 8:14:12 PM PDT by fightinJAG (I am sick of people adding comments to titles in the title box. Thank you.)
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To: fightinJAG
The government has spent $10 billion developing the Yucca site, but Obama has stripped funding for it from his last two budget proposals to Congress.

The President can put whatever he wants in the Budget submitted to Congress. Congress has no obligation to act on it.

If the new Republican controlled House is so stupid that they think they have to follow Obama's budget, all is already lost.

17 posted on 03/22/2011 8:14:14 PM PDT by Doe Eyes
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To: Hardraade

Almost took a job on that site some 15 years ago. Decided that Vegas was not where I needed to be so I turned it down. Probably a good move in the long run.


18 posted on 03/22/2011 8:15:57 PM PDT by meyer (We will not sit down and shut up.)
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To: fightinJAG
OBAMAIWON
19 posted on 03/22/2011 8:16:57 PM PDT by FrankR (The Evil Are Powerless If The Good Are Unafraid! - R. Reagan)
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To: Doe Eyes

Exactly.

As the links I posted elsewhere in the thread show, the Libs even are now bemoaning how the U.S. has no adequate, centralized repository for nuclear waste -— um, you know, like the one we were supposed to have under Yucca Mountain?

The Japanese experience should show how imperative it is for us to pursue Yucca.

And you’re exactly right: the Republicans can address this in the budget regardless of Obambi’s idiocy. Has someone brought this up to Bachman and King?


20 posted on 03/22/2011 8:17:10 PM PDT by fightinJAG (I am sick of people adding comments to titles in the title box. Thank you.)
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