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The article discusses the ruling on the case Nuclear Energy Institute Inc. v. Environmental Protection Agency, where the government's decision to site a federal nuclear waste repository was upheld by the Court of Appeals for the District of Columbia. A challenge was initiated by petitioners to the federal regime governing the Yucca Mountain repository. They argued that the compliance period adopted by the agency was based on an impermissible construction of the underlying statute. They also asserted a constitutional challenge to the approval of Yucca Mountain's selection as a federal repository. The first claim was accepted by the Court of Appeals but rejected the second.