This Note focuses on the validity and wisdom of the Nuclear Regulatory Commission’s approach: the September 2014 Rule and accompanying Generic Environmental Impact Statement (GEIS), as well as their combined potential to significantly alter the trajectory of spent fuel storage and disposal in the United States. Part I will explain the relevant history helpful to understand the political battles and legal issues surrounding spent fuel disposal and the Yucca Mountain project. Parts II and III will analyze the implications of the new Continued Storage Rule and why it likely satisfies all applicable statutory requirements and judicial orders. Part IV will review industry and public reception of the new Rule and analyze the wisdom of its inception from a policy standpoint. Finally, Part V will conclude with suggestions about the trajectory of our nation’s long-term spent nuclear fuel storage and permanent disposal.



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