(CN) – The Department of Energy on Thursday served notice that it will appeal a decision that could delay plans to officiallly kill the Yucca Mountain project, a proposed nuclear waste facility just outside Las Vegas that was axed by President Obama shortly after taking office.
The department challenges an order by the Nuclear Regulatory Commission earlier this week that a federal appeals court rule on legal issues involving the shut-down, including whether the department had the authority to pull the plug on the controversial project.
The department has insisted it has the authority to make decisions involving license applications.
The matter will be appealed Monday to the commissioners of the nuclear commission, The Las Vegas Review-Journal reported.
Meanwhile, the states of Washington and South Carolina have sued the DOE, claiming only Congress had the power to kill the Yucca Mountain project.