COURT DISMISSES MACFARLANE RECUSAL CASE

The case for Nuclear Regulatory Commission Chairman Allison Macfarlane’s recusal from all Yucca Mountain licensing review decisions was dismissed late last week by the Court of Appeals for the D. C. Circuit due to a lack of jurisdiction. The petitioners, made of a group led by Nye County, called for Macfarlane’s recusal due to her previous published criticism of the suitability of Yucca Mountain as a disposal option. In the court’s order, the judges ruled that “the challenged recusal order is neither final, nor ripe for review,” and therefore, it does not qualify for consideration. Macfarlane decided against recusing herself because she felt that her previous experience would in not inhibit her decision making, and that in fact, it would help her make a better decision.