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com Years after granting a license to eight uranium mining companies to extract ore from the United States outer continental shelf, the U.S. Geological Survey discovered that ore was being processed onshore. During the processing, a uranium loss occurred at the mine, and a significant amount of radiation was released. After public comment and a series of public hearings, a final rule was adopted. A few months after it was adopted, the final rule was challenged in the Federal court system. The trial court upheld the rule, and the Court of Appeals upheld the trial court's decision. The Supreme Court granted the mining companies' request for a writ of certiorari and held that the mine operators were not liable for radioactive materials lost at the processing plant. The Supreme Court's decision, which is the subject of this article, opened the door to an examination of whether mining companies are liable for radioactive waste they generate and whether the federal government is liable for radioactive wastes lost at a uranium processing plant. Federal Laws, Including those that Are Tailored to Uranium Waste, Protect Uranium-Mining Companies From Loss of Radioactive Waste Uranium mining is regulated by the federal government. One federal law, called the Uranium Mining Act of 1962, protects uranium-mining companies from liability for radioactive materials they generate. Another law, called the Radiation Control for Uranium Mining Act of 1978, was created specifically to protect uranium mining companies from liability for radioactive wastes they generate at a site where radioactive materials are produced. Because the uranium mining industry is so large and because the industry is unregulated, the law which protects mining companies from radioactive waste is unique to the industry. Uranium mining companies that do not generate radioactive waste at a site, such as in-situ leaching facilities, are not covered by this law. The law creates a federal framework of responsibility for radioactive waste generated by uranium mining. Uranium mining companies are not responsible for radioactive wastes that they did not generate. This law also created the federal Nuclear Regulatory Commission (NRC), which is the regulatory body for uranium mining. The law created the Office of Radiation Control, which is the federal regulatory body for radioactive waste generated by the uranium mining industry. This Federal law also applies to natural uranium production. For example, the Australian Uranium Mining Act created a similar regime of responsibility for the uranium mining companies that were producing the uranium to feed nuclear power plants. Uranium is the most sought-after ore for nuclear power plants,
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