It appears two can play the budget game in the struggle over Yucca Mountain, but once again Nevada has the law on its side and the Department of Energy doesn't.
Nevada's politicians, usually led by Sen. Harry Reid, have done a job on DOE budgets over the years by slashing the money available for the nuclear-waste storage site. It's become a large part of the state's tactic to stall the dump.
In order to protect the health and welfare of residents, the Energy Department by law must provide Nevada and local governments with money to oversee the work it does. How much is appropriate is always up for debate, but this is a big year for the state as the DOE prepares to make applications to the Nuclear Energy Commission for a license for the waste site.
According to a lawsuit filed by Attorney General Brian Sandoval, however, the available money was slashed from $5 million to $1 million this year.
"It's an outrage and, tragically, it's just the latest in a long record of deception, rule-bending and law-breaking in order to make the case for an unsuitable site," said Sandoval in filing the suit last week. "It defies law, and it strangles our ability to account for the health and safety of Nevadans."
We don't believe the Energy Department wants to threaten the health and safety of residents. But we also don't think it likes to have Nevada's watchdogs hanging over its shoulder during every step of the licensing process - even if that's what the money is for.
Unfortunately, we now know the department was lax in its supervision nine years ago of the drilling of the giant tunnels at Yucca Mountain, when workers were exposed to silica dust. We also know the DOE is under great pressure to get the application submitted by this December.
These are exactly the times Nevada needs to be watching the closest. That can't be done on a shoestring. Failing to fund the state's oversight grants is one more detail in Nevada's case against the dump.