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Judge suspends delivery of radioactive soil from New York to Michigan

The Niagara Falls Storage Site holds World War II-era radioactive materials from the effort to build the first atomic bomb. A Wayne County judge issued a restraining order to pause a planned shipment of that waste from New York on September 18, 2024.
The Niagara Falls Storage Site in New York holds World War II-era radioactive materials from the effort to build the first atomic bomb. A Wayne County judge issued a restraining order on Wednesday, September 18, 2024, to pause a planned shipment of that waste to a disposal site near Belleville, Mich..

DETROIT (AP) — A judge stopped on Wednesday the delivery of World War II-era radioactive soil from New York to a Michigan landfill, a temporary victory for suburban Detroit communities that don't want the waste.

Wayne County Judge Kevin Cox signed a restraining order two days after a lawsuit was filed by opponents seeking to stop the shipments. He set a hearing for Sept. 26.

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.”

Wayne Disposal in Van Buren Township, 25 miles (40 kilometers) west of Detroit, is considered to be the closest licensed facility that can take the hazardous material, according to the Army Corps.

The lawsuit, filed on behalf of Belleville, Romulus, Canton Township and Van Buren Township, came after a tense town hall meeting and claims by elected officials that they were in the dark about the plan.

“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.

The lawsuit says area fire officials do not have a strategy or equipment to respond if problems occur at the landfill.

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 restraining order.

WIVB-TV reported in August that contaminated soil — the equivalent of more than 3,700 king-sized mattresses — was being moved from New York. The TV station posted a photo of an enormous white bag filling the bed of a dump truck — one of many that would make the trip.

Michigan environmental regulators, speaking at a September 4 public meeting, said there was no requirement that the public be informed ahead of time, though the Army Corps has not been silent about the process.

“As a regulator, the state doesn’t have any concerns for this material from a health and safety standpoint,” T.R. Wentworth II, manager of Michigan's Radiological Protection Section, told the Detroit Free Press.

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