Supreme Court Upholds Virginia’s Ban on Uranium Mining
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The Trump administration had backed a lawsuit brought by Virginia Uranium Inc. and other companies who own the nation's largest-known uranium deposit, valued at $6 billion. But that deposit is on private land in Virginia, and the state has banned all mining of the radioactive metal since 1982.
"This is a big win for the health and safety of Virginians and our environment," Virginia state Attorney General Mark Herring said in a statement reported by Reuters. "We are well within our rights as a state to decide that a risky, potentially dangerous activity like uranium mining is not for us."
*BREAKING* Virginia's ban on uranium mining has been upheld by the Supreme Court, and in a HUGE win for voting righ… https://t.co/XuxxemDWd2— Mark Herring (@Mark Herring)1560781205.0
The cause revolved around a 1954 law, as The New York Times explained:
The question for the justices was whether a federal law, the Atomic Energy Act, barred the state moratorium. That law regulates what can be done with uranium and the radioactive waste it generates after it is extracted from the earth. If the federal law applied, it would have displaced the moratorium and allowed mining to proceed.
But the federal law regulates only the second and third steps in uranium mining. The first step is extracting the raw ore from the ground. The second is separating the ore from waste rock, or tailings, and concentrating it into so-called yellowcake, which is sold. The third step is storing the tailings, which are radioactive.
The Justices ruled six to three in favor of Virginia, with Trump appointee Justice Neil Gorsuch writing the ruling.
"Every indication in the law before us suggests that Congress elected to leave mining regulation on private land to the states and grant the (Nuclear Regulatory Commission) regulatory authority only after uranium is removed from the earth," Gorsuch wrote, as USA Today reported.
Justices Clarence Thomas and Brett M. Kavanaugh joined in Gorsuch's decision, while Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan also agreed with Virginia but backed a second opinion written by Ginsburg. The New York Times reported.
Chief Justice John Roberts Jr. wrote the dissent, arguing that the mining ban violated federal law because it was directed against the environmental impacts of the later steps in the uranium mining process, which federal law does cover. Justices Stephen Breyer and Samuel Alito Jr. agreed with Roberts.
Virginia is concerned about mining because the deposit is located in a scenic, agricultural county with 1,300 working farms, USA Today reported. Sixty-thousand of its residents depend on agriculture for their livelihoods and on wells for their water. The state is also concerned mining would disrupt tourism.
"We have long supported Virginia's decision to protect its communities from the environmental and economic risks of uranium mining," Southern Environmental Law Center (SELC) Senior Attorney Mark Sabath said in a statement. "We are pleased that the Court respected that decision and recognized that it was one for Virginia to make."
Dangerous uranium #mining is wrong for Virginia. The U.S. Supreme Court issued a decision today that upholds the st… https://t.co/KnE8EkVauS— SELC (Environmental Law) (@SELC (Environmental Law))1560799819.0
The ruling could encourage other states to enact similar bans, Reuters reported, possibly leading to a decline in uranium production.
Virginia Uranium said it would investigate other means of challenging the state's moratorium.
"We continue to think that Virginia's uranium mining ban is both unlawful and unwise," the company said in a statement reported by Reuters.
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Association Versus Intervention Studies<p>Many studies on the vitamin are association or observational studies. "By definition, these studies cannot prove the causal relationship, but only point to mere correlations," said Fassnacht. The physician tries to illustrate this with an example:</p><p>"Imagine two groups of 80-year-olds. One group is spry, active and does sports. If you compare them with another group living in nursing homes, the difference in vitamin D levels will be dramatic. Life expectancy would also be extremely different."</p><p>But to try to explain the difference in fitness by vitamin D status alone is far too simplistic. "Vitamin D levels are a good measure of how sick someone is. But not more," says Fassnacht. </p><p>According to Fassnacht, none of the intervention studies carried out to date -- that specifically examined the effect of vitamin D on various diseases -- has been able to confirm the previous association and laboratory studies or the presumed positive effect of vitamin D.</p>
Further Research Is Needed<p>"If a coronavirus infection is suspected, it is therefore absolutely necessary to check the vitamin D status and quickly correct any possible deficit," said the recommendation of the paper published by the University of Hohenheim.</p><p>"Studies are underway to see whether vitamin D helps in COVID-19 infection, but I personally do not believe that this is really the case," says endocrinologist Fassnacht. Nevertheless, he says it is of course useful to carry out these studies.<br></p><p>"I don't want to rule out that there are actually subgroups of people who benefit from an additional vitamin D dose," he says. After all, this has been proven to be the case with a severe deficit.</p><p>In view of the study situation, Fassnacht does not think much of preventive, nationwide vitamin D substitutes. "My belief that the vitamin helps somewhere is very low. But, of course, I can be wrong."</p>
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