Wayne County Third Circuit Court Judge Kevin Cox on Aug. 6 issued a ruling siding with the plaintiffs, granting a preliminary injunction against Wayne Disposal Inc. from receiving radioactive waste at its site located at 49350 N. I-94 Service Dr.
The lawsuit was filed Sept. 16 by plaintiffs Belleville, Romulus, Van Buren and Canton townships, and Wayne County when the communities received news that radioactive waste from the Niagara Falls storage site in Lewiston, NY, was headed to the hazardous waste landfill in Van Buren Township.
“We are beyond thrilled of the news of the ruling” said Van Buren Township supervisor Kevin McNamara. “We did everything in our power to safeguard our residents in stopping out-of-state radioactive waste from entering our community and we feel vindicated by this ruling.”
The ruling affects all Formerly Utilized Sites Remedial Action Program sites (FUSRAP) and Technically Enhanced Naturally Occurring Radioactive Material (TENORM) sites nationwide from shipping to the Wayne Disposal facility.
“We stood strong with our community allies speaking collectively with one voice that we do not want this type of waste in our community,” McNamara said. “By doing so we sent a statement to our lawmakers that has triggered legislation providing further protection against receiving radioactive waste that is pending in the state legislature.”
Sen. Darrin Camilleri, D-Trenton
Sen. Darrin Camilleri offered the following statement in a news release:
“This ruling is a massive victory for Western Wayne County and the countless residents who have used their voice to fight against the dumping of toxic materials in our community. Not only have we halted the import of Manhattan Project atomic waste into Michigan, but we have put a permanent end to any radioactive materials coming to this facility.
“This outcome couldn’t have been achieved without the combined efforts of our Western Wayne municipalities, and I’m incredibly grateful for the leadership and resolve that they’ve shown throughout this process. This is a decision that should be celebrated, but our work to pass meaningful hazardous waste reform still continues in Lansing.”
Earlier this year, Sen. Camilleri introduced Senate Bills 246 and 247 to modernize Michigan’s hazardous waste management system and strengthen environmental protections for his district and communities across the state.
State Representative Reggie Miller
D-Van Buren Township
The follow statement was released by Rep. Miller:
“This ruling is a major victory for our community. People are concerned about their health, environmental safety and the future implications of storing this waste here. Michigan should not be a bargain bin dumping ground for radioactive waste from out of state, particularly when there are still so many questions that remain about long-term risks, groundwater impacts and a lack of transparency.
“I’m grateful to the judge for recognizing the serious concerns raised by residents, environmental experts and local leaders. This ruling is evidence that when Michiganders unite to organize and speak with one voice that they will not allow their community’s health to be endangered, they can move mountains.
“This ruling sends a clear message: Michigan’s environment is not for sale. I will continue fighting alongside the people against any potential appeals, future expansions or potentially harmful shipments.”
Judge Kevin Cox decision
“The court finds (the plaintiffs) have sufficiently demonstrated the necessity and propriety of preliminary injunctive relief enjoining Wayne Disposal Inc. from accepting radioactive waste from the Niagara Falls Storage Site in Lewiston, N.Y. and Formerly Utilized Sites Remedial Action Program material from other sites,” Cox wrote in his Aug. 6 decision. “The public interest would be harmed if this injunctive relief is not granted.”
The case still has a special conference set for Aug. 18 and a review hearing set for Aug. 26.
U.S. Army Corps of Engineers
Because the U.S. Army Corps of Engineers is trying to get the site cleaned up, it abandoned waiting for Wayne Disposal’s court decision and on July 15 started shipping the waste from the Lewiston site to a landfill in Texas.