this amendment contains the language previously filed by Senator Chafee as amendment No. 4834. This amendment originally suggested by Senator Chafee would soften the existing preemption language in the bill to clarify that only when another Federal, State, or local law is inconsistent, that is, when another Federal, State, or local law is inconsistent or duplicative with this act, then this act will govern. Otherwise, all previous applications of both State and Federal environmental or safety statutes continue to apply. What we have attempted to do here is craft an amendment to ensure that there will be adequate oversight of all Federal and State and local laws, unless they are an obstacle to carrying out the act, because the act itself stipulates that there shall be an interim storage site at Yucca Mountain under specific conditions. Some have expressed concern that this language could be interpreted to provide preemption of other laws in cases where complying with those laws were simply inconvenient or impractical. That is not the case, and it does, I think, strain the interpretation of the bill. However, in order to address these questions, we are offering this amendment that was suggested by Senator Chafee. This language provides the Department of Energy must comply--they must comply--again, with all Federal, State, and local laws unless those laws are inconsistent with or duplicative of the requirements of S. 1936.
Editor's note · Context
Discussing an amendment related to preemption language in environmental legislation.
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