Judge bans radioactive waste at local landfill
A Wayne County judge last week permanently banned the Wayne Disposal landfill in Van Buren Township from accepting radioactive waste.
Wayne County Circuit Court Judge Kevin Cox granted a permanent injunction prohibiting Defendant Wayne Disposal, Inc. (WDI) from accepting any TENORM (radioactive waste) from the Niagara Falls Storage Site in Lewiston, New York, and Formerly Utilized Sites Remedial Action Program material (FUSRAP) from any other site. His decision in a lawsuit filed Sept. 16, 2024 was issued May 27.
The suit was filed jointly by the City of Belleville, Canton Township, the City of Romulus, Van Buren Charter Township, and the Van Buren Township Fire Chief. On Oct. 3, Wayne County subsequently joined as an intervening plaintiff. The waste which prompted the lawsuit originated from a U.S. Army Corps of Engineers site where it had been accepted and stored from 1944 until 1952. The waste was generated from the Manhattan Project, which developed atomic energy and weapons.
About 6,000 cubic yards of radioactive waste was scheduled to be transported to the Van Buren Township facility, prompting the local communities to file the lawsuit seeking to prohibit the federal disposal plan.
Cox’s written opinion addressed concerns regarding public health, environmental impact, transportation, and the proximity of the waste facility to residential neighborhoods, schools, waterways, and public infrastructure. Cox ruled that accepting the radioactive waste constitutes a public nuisance and poses irreparable harm, citing that “existing monitoring, engineering controls, and emergency readiness are insufficient for this volume of toxic waste.”
“Judge Cox’s ruling made it clear that the communities and citizens that fought against the disposal of any sort of atomic waste in a highly populated area contiguous to the Huron River watershed which feeds into the Great Lakes were right to be opposed to this foolish idea. By fighting this issue, our communities made it clear that we would not quietly accept the importation of atomic waste in our backyard, which by its proximity to 21 percent of the world’s fresh water is in truth, everyone’s backyard. We appreciate the efforts of everyone who stood together on this issue,” said Belleville Mayor Ken Voigt.
Evidence Cox cited in the ruling included data showing statistically significant increases in cancer rates near the Niagara Falls storage site; rising radiation levels at the perimeter of Wayne Disposal every year since the facility began accepting radioactive waste in 2017; lead detected in groundwater; allegations that Wayne Disposal manipulated monitoring thresholds and baselines at the site and testimony from area mayors noting declining property values and economic harm.
"We are absolutely overjoyed by this ruling. This victory belongs to the residents, Wayne County communities, and leaders who spoke up as one voice. It shows the incredible power we have when we stand up for our environment and our health. Safe fresh water is our legacy, and we will stay strong together to protect it." said Canton Supervisor Ann Marie Graham-Hudak.
"The coalition expresses immense gratitude following Judge Cox’s favorable ruling. This outcome stands as a testament to the robust collaboration between Wayne County residents, local municipalities, and elected leadership. Moving forward, the group remains dedicated to protecting Michigan's freshwater infrastructure and ensuring long-term environmental safety." she continued.
“This is an important moment for each of our communities and residents who worked tirelessly to make their voices heard,” stated Van Buren Township Supervisor Kevin McNamara. “I want to thank the hundreds of residents, community organizations, and neighboring communities who stood together throughout this process. Your advocacy, persistence, and commitment truly made a difference.”
McNamara also expressed appreciation for the efforts of community advocates, including Jeanine Rippey, Chris Donley, and members of Michigan Against Atomic Waste, as well as the many residents and organizations who supported the legal effort during the past several months.
“This victory reflects what can happen when communities come together and remain engaged,” McNamara added. “We are grateful to everyone who participated, attended meetings, shared concerns, and helped support this effort from beginning to end.”
State Rep. Reggie Miller said her reaction to the decision was “pure joy.”
“This posed a real risk to public health and our environment, and this didn’t happen overnight. As you know, it happened because people spoke up, stayed engaged and refused to back down, Miller said.
Roman Blahoski, a spokesman for Republic Services, which owns Wayne Disposal, said the company disagrees with the court decision and will appeal. The landfill is a safe, well-managed facility specifically designed to handle such waste,” he said. “This ruling sets a troubling precedent that undermines protections afforded to interstate commerce and impedes site remediation,” he said.
A copy of the Court’s Final Opinion and Order is available through Wayne County Circuit Court records.
