What else does one expect from a constitutional “scholar?” Obama continues to circumvent Congress and the U.S. Constitution. Here’s another example.
WASHINGTON-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.
The 1982 Nuclear Waste Policy Act was created to manage nuclear waste disposal.Congress amended the act and made Yucca Mountain the permanent repository for the country’s nuclear waste. I guess Obama and his goons failed to read Section 119 of the Nuclear Waste Policy Act that lets the federal courts intervene if the President fails to uphold the 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.
Washington, home to the Hanford nuclear reservation in the eastern part of the state, and South Carolina, which hosts the Savannah River Site on its border with Georgia, sued Obama. Aiken County, S.C., where Savannah River is located, and three businessmen in Washington state joined the lawsuit.
…”The government’s decision to arbitrarily break federal law and derail Yucca Mountain is wrong and unconstitutional,” Wilson said. “Congress passed laws to build Yucca Mountain as a safe repository for America’s nuclear waste.”
At Obama’s direction, Chu set up the Blue Ribbon Commission on America’s Nuclear Future in January 2010 and gave it two years to come up with an alternative to drilling deep tunnels beneath Yucca for nuclear -waste disposal.
Looks like the Obama regime has issued another illegal moratorium. This time it involves nuclear waste instead of oil.