Legal-Institutional Framework And Environmental Requirements Applicable To Uranium Mine And Mill Wastes In The United States

I. INTRODUCTION Lawyers are a cautious breed; and it might be expected that a paper concerning a broad and complex area of legal regulation, prepared by lawyers for presentation to a predominantly non-legal audience, would commence with several caveats. Ours are the following: First, we have written a broad (and, in some instances, simplified) overview of the regulatory system and of some of the more important requirements generally applicable to uranium mine and mill wastes in the United States. Our paper is not a legal opinion setting forth all of the governmental requirements that would have to be met by any particular mine or mill. Similarly, we do not imply that the requirements we mention are necessarily applicable to each and every mine and mill in the country; depending on the facts, some of the requirements may be inapplicable or avoidable through exemption or variance proceedings. Compliance decisions and strategies for particular facilities must be considered on a site-specific basis. Second, we have undertaken merely to describe the regulatory framework and some of the generally "applicable" requirements which have been promulgated and proposed by administrative agencies. We express no opinion on whether, under the U.S. Constitution and statutes, the existing and proposed agency regulations are valid in general or as applied to any particular mining or milling operation. There are, of course, procedures for judicial review of agency action; and newly promulgated environmental regulations have frequently been challenged, with varying degrees of success, before the courts. For us even to begin to consider such issues would expand an already forbiddingly long paper to totally unmanageable proportions. Third, in light of the subject of this Conference we have limited our paper to the legal framework and requirements applicable to uranium mine and mill "wastes" -- primarily mine overburden and waste rock and mill tailings (including waste tailings solution). We treat operating discharges (e.g., emissions from yellowcake drying) only peripherally. Fourth and finally, it is important to note that this paper, at least in so far as it concerns the specific requirements of particular regulations, will likely soon be out of date in some important respects. Despite