Judge Kevin Cox puts restraining order on radioactive waste

Update: Judge Cox adjourned the Sept. 26 show-cause hearing until Oct. 9 for a motion hearing. A status conference was set for Dec. 16.
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On Sept. 18, two days after a lawsuit was filed by communities seeking to stop the delivery of radioactive waste to a landfill in Van Buren Township, Wayne County Circuit Court Judge Kevin Cox put a temporary restraining order on the delivery and set a Sept. 26 hearing on the issue.
The waste from the World War II Manhattan project was due to start arriving Sept. 25, via a route from Niagara Falls, New York, through Canada to the Blue Water Bridge and then to Van Buren Township.
The defendant, Wayne Disposal, Inc., had until Sept. 24 to file a response.
Listed on the complaint, filed by Canton Township attorney Brandon Michael Grysko, were plaintiffs Canton Charter Township, City of Belleville, City of Romulus, Van Buren Charter Township, and Van Buren Township Fire Chief.
The hearing before Judge Cox is set for 10:30 a.m., Thursday, Sept. 26, and can be viewed by the public via zoom.
The U.S. Army Corps of Engineers is managing the removal of low-level radioactive soil from Lewiston, New York, a legacy of the Manhattan Project, the secret government project to develop atomic bombs during World War II featured in the 2023 movie “Oppenheimer.”
Wayne Disposal in Van Buren Township is considered to be the closest licensed facility that can take the hazardous material, according to the Army Corps.
The lawsuit was filed after a rowdy town hall meeting and claims by elected officials that they were in the dark about the plan. Members of the audience said it didn’t belong in their back yard.
Republic Services, owner of Wayne Disposal, released the following statement:
“Wayne Disposal Inc. has been safely receiving and managing technologically enhanced naturally occurring radioactive material (TNORM) for several years, and our management of this material poses no risk to the community. The landfill meets or exceeds all regulations and is designed to safely manage this type of material, which can be generated through a variety of industrial and other processes.
“The Michigan Department of Environment, Great Lakes and Energy (EGLE) and U.S. Army Corps of Engineers have stated that the material from the Niagara Falls Storage Site does not pose a risk to public health or the community.
“Many industries rely on Wayne Disposal Inc. to responsibly manage waste material, and the court ruling, which was issued without a hearing, impacts our ability to serve these customers. It also hinders important environmental remediation activities and interstate commerce. We look forward to presenting our position to the court in the very near future.”