RE: COURT UPHOLDS RADIONUCLIDES RULE

["Ted Rockwell" <tedrock@CPCUG.ORG>]

Yes.  The Court brushed aside all the arguments and data, and said, in

effect, that the Agency said it had looked at all that literature and didn't

find it persuasive, so that's good enough for us.  The implications are that

Courts should not question agencies on basic substantive issues; they are

not to be held accountable.



Some of us think this is the sort of issue that an activist Supreme Court

might like to step in on.  One of the petitioners has hired a Supreme Court

scholar to advise on our chances to win an appeal.  Keep tuned.



Ted Rockwell



-----Original Message-----

From: owner-radsafe@list.vanderbilt.edu

[mailto:owner-radsafe@list.vanderbilt.edu]On Behalf Of Susan L Gawarecki

Sent: Monday, March 10, 2003 12:55 PM

To: RADSAFE

Subject: COURT UPHOLDS RADIONUCLIDES RULE





The following came to me via Environmental Business Journal.  Does

anyone in RadSafeLand have more info on this?



Susan Gawarecki



COURT UPHOLDS RADIONUCLIDES RULE



The D.C. Circuit Court of Appeals has issued a ruling upholding EPA’s

regulation setting a permissible exposure level (PEL) for radionuclides

in drinking water. In issuing the ruling, the court rejected arguments

by the petitioners—two trade associations and several municipal water

agencies—to the effect that EPA’s radionuclides rule was not based on

the best available science. The rule requires public drinking-water

systems to control levels of radium-226, radium-228, and certain

beta/photon emitters in drinking water. It also regulates uranium in

drinking water for the first time.

--

.....................................................

Susan L. Gawarecki, Ph.D., Executive Director

Oak Ridge Reservation Local Oversight Committee

102 Robertsville Road, Suite B, Oak Ridge, TN 37830

Toll free 888-770-3073 ~ www.local-oversight.org

.....................................................

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