The embattled application for a nuclear waste repository at Nevada’s Yucca Mountain is expected to stall at some point next year. According to a report from Greenwire, the Nuclear Regulatory Commission says its review of the application will be unable to move forward because there is no longer an official applicant since the Obama administration in 2010 pulled its support for the project.

But Jay Silberg, a partner in Pillsbury’s Energy practice, counters that the NRC’s review should continue based on a 2010 NRC ruling that found the U.S. Department of Energy couldn’t abandon its application unless it had consent from Congress.

“The DOE is still an applicant,” he told Greenwire. “As a matter of law, they still have a pending application. To say there is not applicant is factually and legally incorrect.”