Wednesday, August 13, 2025

Radioactive waste disposal plan halted by court

The planned dumping of radioactive waste created during the development of the atomic bomb during World War II will not be arriving at Wayne Disposal in Van Buren Township.

Local communities including Canton Township, Van Buren Township, Belleville, Romulus and Wayne County won a preliminary injunction enjoining Wayne Disposal Inc. from accepting the waste “during the pendency of this case.” Third Circuit Court Judge Kevin Cox issued a ruling Aug. 6 which maintains and expands a temporary restraining order preventing the shipment of the waste created during the secret government project to develop atomic bombs during World War II to Waste Disposal. More than 6,000 cubic yards of waste matter were to be shipped to the Van Buren Township site. 

The radioactive waste, referred to in the industry as TENORM, was stored at facilities across the county under the Formerly Utilized Sites Remedial Action Program of the U.S. Army Corps of Engineers (FUSRAP) management. Plans were to bring waste from the Manhattan Project that had been stored at the Niagara Falls Storage Site (NFSS) in Lewiston New York to the Van Buren hazardous waste disposal site. In his ruling, the judge prohibited Wayne Disposal from accepting “"any FUSRAP TENORM, including any FUSRAP TENORM waste from NFSS, during the pendency of this case..."

The communities won an initial restraining order last fall when plans to ship the waste by truck and rail to the disposal site located near the I-94 Service Drive in Van Buren were revealed during a contentious town hall meeting. Residents and local officials vigorously protested the planned shipments to the Van Buren site and filed a lawsuit to prevent the scheduled action.  Last July, Wayne County Executive Warren Evans said plans had been altered and the hazardous waste would be shipped to another state. It was later announced that an alternate site in Texas would dispose of the radioactive matter.

"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 regarding the Aug. 6 ruling. 

Canton Township Supervisor Anne Marie Graham-Hudak said the latest ruling was a victory for local residents.

"I am pleased with today's ruling from Judge Cox, stopping radioactive waste from coming to Michigan,” Graham-Hudak said in a prepared statement. "…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."

Romulus Mayor Robert McCraight was pleased with the ruling but urged local leaders to be prepared to continue to fight to preserve the safety of residents. "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,” McCraight noted.

Belleville Mayor Ken Voight continued his strong criticism of the effort to bring the waste to a community near Belleville Lake.

"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 percent of the world's water supply."

Republic Services Media Relations provided a statement criticizing the court ruling.  

"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."

The next court hearing on the matter is set for Aug. 18.