To the Editor:
Ms. Whitehead’s Op-ed on uranium mining once again repeated the “Myth” of a moratorium on uranium mining in the state of Virginia. Now, one more time: There is not now and there never has been, a moratorium on uranium mining in the state of Virginia.
The FACTS in the matter are this: ~30 years ago the question of uranium mining in Virginia came up and the Virginia State Legislature decided Virginia needed state regulations on uranium mining. So as the Legislature developed the regulations, they directed the “Virginia State Mining Office(s)” to NOT ACCEPT APPLICATIONS for uranium mining PERMITS until the regulations were developed and implemented. That was 30+ years ago and there are still no Virginia uranium mining regulations. However, “Bureaucrats” in the “Virginia State Mining Office(s)” are faithful to their direction from the State Legislature and 30+years later are still NOT accepting APPLICATIONS for uranium mining PERMITS. That “Moratorium” on uranium mining in Virginia is the “State Mining Office(s)” NOT accepting APPLICATIONS for uranium mining PERMITS!
So why is the Virginia uranium mining question before the Supreme Court of the United States of America?
The greatest impact on the individual States resulting from the War of Northern Aggression was the 14th Amendment, Article XIV, of the Constitution. Article XIV established the primacy of the Federal Government of the United States of America over that of any individual State.
And there’s the rub Ms. Whitehead, Article XIV also states “... nor shall any State deprive any person of life, liberty or property, without due process of law;...”
And that Ms. Whitehead is why the question of uranium mining in the state of Virginia is now before the Supreme Court. Federal PRIMACY and “WITHOUT DUE PROCESS!” The State of Virginia has been taken to the “Woodshed” for their violation of the Constitution’s Article XIV.
The Court hears all sides of the Virginia uranium mining question. The worries of those who fear possible environmental consequences, the pro’s, the con’s and the whole sordid/incompetent “History” of the State of Virginia’s “Adventures” in uranium mining. How will the Court consider the fact that a 30+year old, “Stopgap” measure for NOT accepting APPLICATIONS for uranium mining PERMITS, became the 30+year “moratorium” on uranium mining in Virginia without the property owners receiving their due process rights under Article XIV?
No, Ms. Whitehead, the Court will decide the Federal regulations governing nuclear energy and all it’s related subsets such as reactor design and operation, mining, disposal of nuclear waste, etc., etc., take precedence over those of an individual State. As Virginia has no uranium mining regulations, applications for Virginia uranium mining permits will be judged for their compliance with Federal uranium mining regulations.
Oh, just one more thing Ms. Whitehead. The question of Federal preemption was settled at the end of the War of Northern Aggression, we lost!
William R. McAninch