Comments on the Rights of the States With Respect to Jurisdiction Over Nuclear Waste Repositories

The question was raised as to whether a State has the right to veto the establishment of a nuclear waste repository within its boundaries by withholding consent to exclusive Federal jurisdiction. GAO expressed the opinion that the Secretary of Energy has no authority to provide through agreement with a State a veto power over sites he has designated for nuclear waste storage. Although Clause 17 of the Constitution requires State approval in certain cases before the Federal Government may acquire exclusive jurisdiction over property within a State, it is also true that the Federal Government has the absolute right to acquire and obtain jurisdiction of land it needs through the process of eminent domain. In the opinion of GAO, therefore, there is no specific legislative authority to allow the Secretary of Energy to provide for a veto agreement with a State in order to carry out his statutory mandate to establish nuclear waste storage facilities.