Financial Responsibility Requirements and the Implementation of Environmental Policy: The Case of the Uranium Mill Tailings Radiation Control Act
In: UCLA Journal of Environmental Law & Policy, Jg. 8 (1989), S. 171
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I. INTRODUCTION The Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) 1 amended the broader Atomic Energy Act (AEA or Act) 2 to create an environmental program for uranium milling facilities. Uranium mills are licensed pursuant to the AEA-based programs administered by either the United States Nuclear Regulatory Commission (NRC or Commission) or Agreement States (states that have executed discontinuance agreements with the NRC). The UMTRCA requirements were added to the existing AEA program. 3 Public policy concerns have plagued UMTRCA. These concerns have centered on questions of costs versus benefits 4 and the allocation of liability for retroactive controls, particularly as concern mill tailings produced under exclusive contract for the federal government but which are designated the responsibility of current licensees. 5 The hallmark of UMTRCA is the financial responsibility requirement contained in its financial surety program. This mandatory program requires mill licensees to post financial sureties to ensure performance of approved decommissioning and reclamation plans. The financial sureties are a condition of licensure and, in return, non-performance of the bonded activity is a condition of license termination. These links are especially significant, considering that the licenses may be amended at any time to reflect changes in the underlying statutes or regulations, or for health and safety or defense reasons. The licensees are, in effect, asked to commit to a decadeslong, cradle-to-grave environmental program. In theory, financial responsibility programs are mere backups to some other enforcement scheme. 6 In practice, as shown by the experience under UMTRCA, ...
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Financial Responsibility Requirements and the Implementation of Environmental Policy: The Case of the Uranium Mill Tailings Radiation Control Act
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Autor/in / Beteiligte Person: | Bremberg, Blair P. |
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Zeitschrift: | UCLA Journal of Environmental Law & Policy, Jg. 8 (1989), S. 171 |
Veröffentlichung: | 1989 |
Medientyp: | academicJournal |
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