VAN BUREN TOWNSHIP, Mich. \u2013 A Wayne County Circuit Court judge has permanently banned a Van Buren Township landfill from accepting radioactive waste, handing a major victory to surrounding communities that spent years fighting the facility.<\/p>\n
Judge Kevin J. Cox issued the final opinion on Wednesday (May 27), converting a prior preliminary injunction into a permanent one.<\/p>\n
The ruling states Wayne Disposal, Inc. is prohibited from accepting any additional TENORM \u2014 Technologically Enhanced Naturally Occurring Radioactive Material \u2014 at its landfill, including waste from the Niagara Falls Storage Site.<\/p>\n
Years of community pushback<\/p>\n
The legal battle stems from a proposed shipment of radioactive waste connected to the Manhattan Project.<\/p>\n
The waste originated at the U.S. Army Corps of Engineers\u2019 Niagara Falls Storage Site and was scheduled to be transported to Wayne Disposal\u2019s Van Buren Township facility under the federal FUSRAP (Formerly Utilized Sites Remedial Action Program).<\/p>\n
Community opposition led to a temporary injunction, and the waste was rerouted to Texas. <\/p>\n
That injunction is now permanent.<\/p>\n
Jeneen Rippey, with the nonprofit advocacy group Michigan Against Atomic Waste, said the ruling was an emotional moment.<\/p>\n
\u201cI got the chills. I was so happy,\u201d Rippey said. \u201cNobody thought it would go to trial. Nobody thought it would win, and here we are. So, it\u2019s a big day.\u201d<\/p>\n
What drove the court\u2019s decision<\/p>\n
Judge Cox walked through seven legal factors \u2014 finding every single one favored the plaintiff communities, which include the City of Belleville, Canton Charter Township, the City of Romulus, Van Buren Charter Township, the Van Buren Township Fire Chief, and Wayne County as an intervening plaintiff.<\/p>\n
Key evidence cited in the ruling included:<\/p>\n
Cancer cluster data near the Niagara Falls Storage Site showing statistically significant increases in cancer rates<\/p>\n
Radiation levels rising at Wayne Disposal\u2019s perimeter every year since the facility began accepting this waste in 2017<\/p>\n
Lead-210 detected in groundwater exceeding reporting thresholds<\/p>\n
Allegations that Wayne Disposal manipulated its own monitoring thresholds and baselines<\/p>\n
Testimony from the mayors of Belleville and Van Buren Township about declining property values and economic harm<\/p>\n
No radon monitoring near surrounding schools or communities<\/p>\n
Chris Donley with Michigan Against Atomic Waste said the ruling sends a clear message.<\/p>\n
\u201cI think Judge Cox\u2019s ruling sends a message to Republic and Wayne Disposal that this community is not the nation\u2019s dumping ground, especially for some of the worst chemicals and materials on earth,\u201d Donley said. \u201cWe don\u2019t say not in our backyard, we say not in anybody\u2019s backyard. It should be out in the desert where these other facilities are located.\u201d<\/p>\n
Fight not over, residents say<\/p>\n
Despite the landmark ruling, residents say the battle is far from finished.<\/p>\n
In January, the EGLE approved a vertical expansion for the landfill, a decision residents have since appealed.<\/p>\n
Donley said the facility\u2019s footprint is visibly growing.<\/p>\n
\u201cThis thing is growing daily. I can see it every time I leave my house. All the residents can see it. You can now view it from I-94. This is just the beginning of what their plans are,\u201d Donley said.<\/p>\n
Rippey said the permanent injunction gives advocates confidence as they head into their next legal challenge over the vertical expansion.<\/p>\n
\u201cIt gives us confidence in our other case, and that\u2019s a big win for our community,\u201d Rippey said.<\/p>\n
Republic Services plans to appeal<\/p>\n
Wayne Disposal is owned by Republic Services, which issued a statement disagreeing with the ruling and announcing plans to appeal.<\/p>\n
\u201cWe respectfully disagree with the Court\u2019s decision, and we will appeal it. Wayne Disposal, Inc. is a safe, well-managed facility that is specifically engineered to handle FUSRAP TENORM and other complex waste streams. This ruling sets a troubling precedent that undermines protections afforded to interstate commerce and impedes site remediation, as well as the safe and effective long-term management of these materials for customers in Michigan and throughout the country.\u201d<\/p>\n
The court did not award costs to either side, noting the case involved a matter of public interest. Wayne Disposal could, in theory, seek to modify the injunction in the future, but would face a significant legal hurdle.<\/p>\n
Michigan Against Atomic Waste is a nonprofit organization. <\/p>\n