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The successful challenge, brought by the State of Nevada, argued that the EPA was not in compliance with the Energy Policy Act, because it had deviated from recommendations of the TYMS report by limiting the regulatory compliance time to 10,000 years.
It should also be noted that in making its recommendation that standards be set for the period beyond 10,000 years, the TYMS report included two important caveats: that the EPA should consider establishing "consistent policies for managing risks from disposal of both long-lived hazardous non-radioactive materials and radioactive materials" and that the ethical principle of intergenerational equity should be considered in the formulation of safety standards.
The TYMS report recommended that the EPA adopt a risk-based standard for YM falling inside the range of annualized risk that the EPA uses in regulating other materials.
Nuclear waste and the distant future: regulation of nuclear hazards must be consistent with rules governing other hazardous materials and must balance its risks against those linked to other energy sources
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