“The city just put out a welcome sign” to transporters of nuclear waste, said Asheville City Council member Robin Cape last month. The come-on-in approach is likely to see more scrutiny and debate soon — both locally and nationally.
On Nov. 25, 2008, the group Common Sense at the Nuclear Crossroads asked Asheville City Council to pass an ordinance banning the transport of high-level nuclear waste within the city limits.
Council members took no action, nor did most seem persuaded by the group’s cause. City Attorney Bob Oast was willing to draw up a resolution — rather than an ordinance — communicating the city’s concerns and request to federal authorities to mitigate the dangers posed by the transport of such hazardous materials.
CSNC’s website has the proposed ordinance the group presented to City Council.
Asheville Citizen-Times letter-writer Steve Mickey and commenters are more satisfied with the safety of nuclear industry and transport of its products/byproducts.
While Oast is doubtful that cities can prohibit federally regulated activities like nuclear transport, the city of Oakland, Calif., is testing the premise in a federal lawsuit as reported in a [CORRECTION: Dec 22, 1989] <strike>Dec. 14, 2008</strike> article in The New York Times. Here’s what the NYT reported <strike>reports</strike>:
In a Federal lawsuit filed in San Francisco in September, the Government seeks to overturn a November 1988 ordinance forcing the Government to stop operating naval installations and an Energy Department office, which oversees weapons research and industrial contractors in 34 states.
But the significance of the suit reaches far beyond Oakland. In recent years, a dozen other cities have taken actions to challenge Federal policies on national and international issues, like divesting themselves of pension investments linked to South Africa and ending contracts for products and services with weapons makers.
More than 160 cities and counties in 26 states, including New York City, have passed largely symbolic measures declaring themselves nuclear-free zones. ...
The Oakland ordinance, which drew 57 percent of the vote in a referendum, prohibits the manufacture of nuclear weapons or storage of radioactive materials in the city, and regulates transportation of such weapons and materials through it. It also bars the city from contracting with any business in nuclear weapons work, or investing in such a business, and it prohibits nuclear reactors in the city.
The transportation regulations took on special relevance in the Oct. 17 earthquake, when a portion of the main truck route for transporting radioactive materials through the city - the Nimitz Freeway - collapsed. ‘‘It is chilling to think what would have happened if a vehicle carrying nuclear materials had been traveling along the Nimitz when the quake hit,’’ said Wilson Riles Jr., a City Councilman.
In its complaint, the Justice Department argues that the Oakland ordinance disrupts Federal law and policy on nuclear weapons, energy and transportation. ...
The lawsuit argues that the Constitution gives exclusive authority to the Federal Government over national defense matters and interstate commerce. It says the law violates the Atomic Energy Act, which provides for Federal control over the military and civilian use of atomic energy, research and development, and violates the Hazardous Materials Transportation Act, which gives the Secretary of Transportation authority to promulgate regulations on the movement of radioactive material.
I haven’t been able to find a list of the 160 cities that have passed ordinances.
While both sides of the argument have plenty to say, a couple issues often get sidestepped:
1) Is nuclear energy in the long-term future of humanity? (What is likely to be the response to what seems ultimately inevitable: a large inhabited area being cordoned off for at least decades — more than a lifetime — after an accident or act of war? Will science ever develop a way to neutralize or shield nuclear radiation?)
2) As long as the tribe with the baddest weapons keeps attacking or bullying the others, the six or so billion people of the world are at the mercy of “tribal” governments made up bully-politicians and industrialists; how might the six billion organize themselves to move cooperatively, yet forcefully, toward disarmament?
