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Michigan judge halts delivery of Manhattan Project radioactive waste from New York

N.Y.-Michigan radioactive waste shipments paused
Temporary injunction pauses radioactive waste shipments to Michigan 01:02

A judge has granted a temporary restraining order to Detroit-area communities near a landfill over the shipment of World War II-era radioactive soil from New York.

Wayne County Judge Kevin Cox signed a restraining order two days after a lawsuit was filed by opponents seeking to stop the shipments.

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."

Canton Township, Van Buren Township, Romulus and Belleville were awarded the injunction against Wayne Disposal for accepting the waste. The company has until Sept. 24 to respond, and a hearing is scheduled for Sept. 26.

The lawsuit filed Monday in Wayne County court follows a tense town hall meeting and claims by elected officials, including two members of Congress, that they were in the dark about plans to bring truckloads to a landfill in Van Buren Township through the end of the year.

"The Michigan public will no longer tolerate Wayne County being the nation's dumping ground of choice for a wide range of hazardous materials," according to the lawsuit.

Anne Marie Graham-Hudak, the elected supervisor in Canton, pointed out that there's a school just 500 feet from the landfill. She said she's pleased with the judge's order.

"If residents in Lewiston, New York, are pushing to get it out, why come to a more populated area?" Graham-Hudak said. "They should encapsulate it where it is. Why are you moving it?"

The lawsuit says area fire officials lack a strategy or equipment to respond to problems at the landfill.

According to the U.S. Army Corps of Engineers, Wayne Disposal in Van Buren Township is the closest licensed facility that can handle hazardous material.

Critics also want time to weigh in on whether Republic Services, which operates the site, should be granted a new state operating license. The Phoenix-based company had no immediate comment on the lawsuit.

Wayne County Executive Warren Evans issued the following statement:

"I am thrilled with the decision by the Wayne County Circuit Court to issue a temporary restraining order against the import of radioactive waste into Van Buren Township. This victory is a testament to the power of community voices and the dedication of local leaders who stand united in protecting the health and safety of our residents. I applaud the efforts of all involved in this fight.

"However, we must recognize our work is far from over. Wayne County has been burdened for too long with the role of bearing toxic waste that others refuse. This temporary victory reinforces the need for a permanent solution – one that ensures our communities are not used as dumping grounds for hazardous materials. We will not stop fighting for policy changes and legislation that prevent hazardous waste from being transported here. Our residents deserve peace of mind that their communities will not be subjected to the dangers of toxic waste. The health of our residents and the protection of our environment must remain our top priority."

Republic Services sent the following statement to CBS News Detroit:

"Wayne Disposal Inc. has been safely receiving and managing technologically enhanced naturally occurring radioactive material (TNORM) for several years, and our management of this material poses no risk to the community. The landfill meets or exceeds all regulations and is designed to safely manage this type of material, which can be generated through a variety of industrial and other processes.

"The Michigan Department of Environment, Great Lakes and Energy (EGLE) and U.S. Army Corps of Engineers have stated that the material from the Niagara Falls Storage Site does not pose a risk to public health or the community.

"Many industries rely on Wayne Disposal Inc. to responsibly manage waste material, and the court ruling, which was issued without a hearing, impacts our ability to serve these customers. It also hinders important environmental remediation activities and interstate commerce. We look forward to presenting our position to the court in the very near future."

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