Radioactive waste blocked from being dumped at Wayne County site, judge rules
A preliminary injunction has confirmed – and expanded – a temporary restraining order preventing radioactive waste from being dumped at a Wayne County, Michigan, facility.
The legal fight began in 2024 over radioactive soil currently in New York state that dates back to the creation of the atomic bomb during World War II. The lawsuit was brought by Van Buren Township, Belleville, Canton Township, Romulus and Wayne County.
Wayne County Executive Warren Evans said July 23 that the waste will be shipped to another state, but did not say where exactly the shipment will go.
The new court order from Michigan's Third Circuit Court Judge Kevin Cox goes beyond the initial restraining order last fall. It prohibits any radioactive waste from any location in the country from going to the Wayne Disposal Inc. site at 49350 North I-94 Service Drive.
"We stood strong with our community allies speaking collectively with one voice that we do not want this type of waste in our community. 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," Van Buren Township Supervisor Kevin McNamara said about the latest ruling.
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." About 6,000 cubic yards were expected to be hauled into Michigan.
The lawsuit came after a tense town hall meeting last fall, along with claims by some elected officials that they were unaware at first about plans to bring the material to Van Buren Township.
The U.S. Army Corps of Engineers had stated that the Wayne Disposal site in Van Buren Township was the closest licensed facility that could handle the hazardous material.
In response, Republic Services Media Relations has provided the following statement:
"The Circuit Court's ruling is overly broad and will have detrimental impacts on the remediation of sites within the FUSRAP program, and both the federal and state regulatory programs designed to safely and effectively manage the disposal of wastes throughout the country. Responsible management and disposal of these waste streams is an essential need, and Wayne Disposal, Inc. is designed and permitted to safely manage this material. Wayne Disposal will continue to pursue a just and proper resolution of the matter."
City officials issue statements on court order
Canton Township Supervisor Anne Marie Graham-Hudak issued a statement, saying, "I am pleased with today's ruling from Judge Cox, stopping radioactive waste from coming to Michigan."
Graham-Hudak added, "On the heels of the U.S. Army Core of Engineers decision to scrap plans to ship radioactive waste from Lewiston, New York to Michigan, and instead ship it to Texas, this new court decision shows that the communities fighting radioactive waste from entering Michigan are on the right side of history. Together we fight, and together we are winning."According to the U.S. Army Corps of Engineers, transportation of the waste to Andrews, TX, began the week of July 14. Phase one of the relocation of the 280,000 cubic yards of waste will be done in phases, with phase one scheduled to be completed by the end of this year."
Belleville Mayor Ken Voight said, "I've said it repeatedly and I'll continue to say it. The location of the Wayne Disposal facility in Van Buren Township is one of the worst you could pick for a toxic waste dump of any kind. We must protect our citizens and assure the safety of 21% of the world's water supply."
In a statement, Van Buren Township Supervisor Kevin McNamara said, "While I am happy that this waste stream is not coming to Michigan, the only true fix to stop future waste streams, is legislation to outlaw radioactive waste from coming to Michigan. Our jobs are not done."
Romulus Mayor Robert McCraight said, "Where I am pleased to see a favorable decision in this specific instance, we must continue to work diligently to stop Michigan from being the nation's dumping ground for hazardous materials."