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Judge suspends delivery of radioactive soil from New York to Michigan

Town Hall meeting hosted by Rep. Dingell and Wayne County Executive Warren Evans on Sept. 4, 2024.
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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.

Previous coverage: Michigan senators work to ban radioactive waste storage as shipment heads to Wayne County

Michigan senators work to ban radioactive waste storage as shipment heads to Wayne County

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.

Watch previous coverage of the town hall meeting two weeks ago in the video player below:

Emotions high at town hall as move of radioactive waste begins in metro Detroit this month

Anne Marie Graham-Hudak, the elected supervisor in Canton, said there's a school just 500 feet (152 meters) from the landfill. 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 the public won't tolerate Wayne County “being the nation's dumping ground of choice” for hazardous materials.

Area fire officials do not have a strategy or equipment to respond if problems occur at the landfill, according to the lawsuit.

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 3,700 king-sized mattresses — was being moved from New York. The TV station posted a photo of an enormous white bag that resembled a burrito, one of many that would make the trip.

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

T.R. Wentworth II, manager of Michigan’s Radiological Protection Section, told the Detroit Free Press that the state has no concerns about the materials being a risk to health and safety.

“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.

Previous coverage: 'I'm concerned.' Interview with Van Buren Public Schools superintendent on radioactive waste coming to Wayne County

'I'm concerned.' Interview with Van Buren Public Schools superintendent on radioactive waste coming to Wayne County

The U.S. Army Corps of Engineers, which is managing the project, has said the Michigan site is the closest licensed disposal facility that can take the material.

Belleville, Romulus, Canton Township and Van Buren Township are asking for an injunction halting the deliveries. 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 lawsuit.

The waste is described as low-level radioactive leftovers from the Manhattan Project, a secret government project to develop atomic bombs during World War II and featured in the 2023 movie “Oppenheimer.”

WIVB-TV reported in August that contaminated soil was being moved from Lewiston, New York. The TV station posted a photo of an enormous white bag that resembled a burrito, one of many that would make the trip.

State environmental regulators, speaking at a Sept. 4 public meeting, said there was no requirement that the public be informed ahead of time.

“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.