New Mexico
New Mexico chooses to use its veto power on spent nuclear fuel debate
An effort to maintain spent nuclear gas produced by industrial U.S. nuclear energy crops from being shipped to New Mexico cleared its remaining legislative hurdle Friday, and Democratic Gov. Michelle Lujan Grisham intends to signal the measure.
The New Mexico Home voted 35-28 in favor of the invoice after a prolonged debate. 5 Democrats joined Republicans in opposition, arguing that the invoice would problem longstanding federal authority over nuclear security issues and result in new courtroom challenges.
The invoice from Democratic state Sen. Jeff Steinborn, of Las Cruces, would affect a proposed multibillion-dollar facility in southeastern New Mexico that may have the capability to quickly retailer as much as 8,680 metric tons of used uranium gas. Future growth might make room for as many as 10,000 canisters of spent gas over six many years.
The Nuclear Regulatory Fee could announce a choice quickly on whether or not to grant a license for the mission spearheaded by Holtec Worldwide, which has spent an estimated $80 million over the previous eight years on the approval course of.
Lujan Grisham and members of New Mexico’s congressional delegation have voiced sturdy opposition to constructing the power alongside the state’s border with Texas. Each states sued the federal authorities over the difficulty, and prime elected officers in Texas had been unsuccessful of their efforts to cease an analogous facility in neighboring Andrews County from being licensed.
If a license is granted for the advanced in New Mexico, it might nonetheless want permits from the state Setting Division. That is the place critics say the state might lean on the laws and halt the mission.
Rep. Gail Chasey, an Albuquerque Democrat, argued that there was no incentive for states with nuclear energy crops to seek out everlasting options for coping with spent gas. So long as New Mexico is seen as an possibility, these states will not be involved with the long-term results, she stated.
“The difficulty is it is a eternally choice. We do not get to resolve, oh, let’s not do that anymore and take it away,” Chasey stated. “So take into consideration the truth that if it had been such a worthwhile and good factor, then the states that produced it might have it close to their amenities.”
In response to the U.S. Division of Power, nuclear reactors throughout the nation produce greater than 2,000 metric tons of radioactive waste a yr, with most of it remaining on-site as a result of there’s nowhere else to place it.
Because the federal authorities has did not construct a everlasting repository, it reimburses utilities to accommodate the gas. That price is predicted to stretch into the tens of billions of {dollars} over the following decade, in response to a overview by unbiased authorities auditors.
The gas is sitting at non permanent storage websites in practically three dozen states, both enclosed in steel-lined concrete swimming pools of water or in metal and concrete containers often known as casks.
U.S. Power Secretary Jennifer Granholm has talked about revisiting suggestions made a decade in the past by a blue-ribbon fee on America’s nuclear future. In November, her company issued a request searching for enter on a consent-based siting course of to establish areas to retailer industrial spent nuclear gas.
Regardless of opposition from environmentalists, the Biden administration has pointed to nuclear energy as important to reaching its targets to create a carbon-free electrical energy sector by 2035.
Some lawmakers from southeastern New Mexico stated native elected officers and residents would welcome the Holtec mission and that visits to a few of the present storage websites close to energy crops have proven the casks are protected.
In addition they touted the protection of transporting the fabric by rail to New Mexico, saying armed guards could be aboard the trains and that testing has proven the casks wouldn’t launch radiation within the occasion of a derailment.
Republican Rep. Cathrynn Brown, whose district contains the proposed Holtec web site, stated the area already is residence to the federal authorities’s solely underground repository for Chilly Battle-era waste generated throughout nuclear analysis and bomb-making. It additionally hosts a uranium enrichment plant.
The laws sends a message to corporations to “make investments all you need after which we’re going to tug the rug out from beneath you,” Brown stated. “And I don’t suppose that’s honest.”
Nonetheless, different lawmakers have voiced considerations in regards to the mission since it might be positioned inside the Permian Basin, some of the productive oil fields on the earth. New Mexico will get a good portion of its income from drilling.
SANTA FE, N.M. — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.
The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.
Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.
“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers … the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia said in a written court opinion.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a “moment of threat” when judging challenges to police shootings under the Fourth Amendment.
Tom Clark, one of the Dotson family’s attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.
Defense attorneys said in court filings that the officers acted reasonably under “the totality of circumstances,” noting that they repeatedly knocked and announced that police had arrived and saying Dotson “posed an imminent threat of death or great bodily harm to police.”
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings “sometimes lead to results that end up leaving you scratching your head.”
“Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,” he said. “I don’t think this is the last word in this case.”
Lawyers for Dotson’s family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, “Hey, hands up.”
According to the lawsuit, Dotson’s wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
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