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Student Publications Homepage
ARTICLE CONTENTS
[Pages 243-274]
TOP OF ARTICLE
Introduction
I. A History of FUSRAP and the Changing Roles
(and Names) of DOE: From the Manhattan
Engineering District to 1997
A. The Manhattan Engineering District and the Atomic Energy Commission
B. Bifurcation of the Atomic Energy Commission’s Administrative and Regulatory Programs: Creation of DOE and the NRC
C. Creation and Administration of FUSRAP
II. “Muck and Truck”: The Transfer of FUSRAP
from DOE to the Corps
III. Things Get Complicated: Various Challenges to the Corps’ Authority and Its Remediation Procedures
A. The NRDC’s Petition to the NRC and the NRC Decision
1. The NRDC’s Petition and Their Argument for NRC licensing of Corps’ FUSRAP Activities
2. The Corps’ Counterargument
3. The NRC Decision: A Victory for the Corps and a Jurisdictional Problem
B. Envirocare’s Various Legal Challenges to the Corps’ Authority
C. The NRDC Continues the Debate: Challenging the
NRC’s Decision in Congress
IV. Making the Case For NRC Regulation of FUSRAP Waste: Is the NRDC Right?
A. Is the Corps Entitled to the CERCLA Permit Waiver?
1. First Things First: Conflict Between the AEA and CERCLA
2. A Dubious Proposition: The Corps’ Reliance on Section 121(e) Case Law
B. Illiteracy: The NRC’s Reading of the UMTRCA and the
Folly of Differentiating Between By-Product Waste
Created Before and After 1978
Conclusion
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