Van Buren Township Faces Hazardous Waste Legal Battle
Van Buren Township is in the spotlight as it grapples with a challenging legal situation regarding a hazardous waste landfill owned by Wayne Disposal, Inc. Recently, the company shifted the lawsuit concerning its facility to federal court. This move is largely based on the U.S. Constitution’s Commerce Clause, which Wayne Disposal argues prevents local communities from blocking its disposal operations for waste derived from a Manhattan Project cleanup site.
What’s Going On?
To give you some background, the issue came to a head in September when local municipalities, including Belleville, Romulus, Canton Charter Township, Van Buren Charter Township, and even the Van Buren Township fire chief, took legal action against Wayne Disposal, filing their concerns in Wayne County Circuit Court. They are particularly worried about the landfill’s acceptance of waste that contains low levels of radioactivity. Residents expressed feeling “kept in the dark” regarding the hazardous materials being stored nearby. They fear this poses health risks to their communities.
Local Concerns
The attorney representing these communities, Brandon Grysko, has stressed that the situation jeopardizes not only the safety of local residents but also undermines their ability to ensure such safety. “The manner in which this has all come about has essentially jeopardized the right of the people to be safe,” he shared in a previous statement, highlighting the emotional and physical toll this could take on the people living nearby.
A Delay in Plans
As it stands, the lawsuit has created a temporary delay in Wayne Disposal Inc.’s plans to bring in and dispose of additional waste with low radioactivity from a cleanup site in New York. For context, Wayne Disposal has been importing technologically enhanced naturally occurring radiological material, often abbreviated as TENORM, since 2006. This material is a result of concentrated and processed naturally radioactive elements, commonly arising from activities like mining and gas production.
Current Legal Proceedings
Interestingly, although the case is now in federal court, Wayne County Circuit Court Judge Kevin Cox did allow some shipments to continue from other sites. However, he halted the importation of newly classified TENORM waste, initially prompting local residents to breathe a sigh of relief.
Community Responses
The community response has been palpable. Many residents expressed their concerns during a town hall meeting organized by U.S. Rep. Debbie Dingell. Folks in the area raised questions about potential health impacts from the waste, the adequacy of state oversight on Wayne Disposal Inc., and why this waste needs to be transported to Michigan rather than remaining at its original location.
Legislative Moves
To address these rising concerns, state lawmakers have been busy exploring options to regulate the situation better. For example, State Rep. Reggie Miller has introduced a bill aimed at prohibiting the disposal of TENORM waste altogether. Meanwhile, State Sen. Darrin Camilleri is looking into legislation that would increase Michigan’s fees on hazardous waste landfills and inject stricter regulations for these facilities.
Legal Hurdles Ahead
However, the road ahead might be complicated. A U.S. Supreme Court decision from 35 years ago concerning a St. Clair County landfill presents a barrier to completely outlawing out-of-state hazardous waste. This ruling emphasized that states can’t control interstate waste transport or isolate themselves from the national economy, a point Wayne Disposal has brought up in its latest legal filings.
In Conclusion
The situation in Van Buren Township is evolving, and residents are keenly aware of the implications of the ongoing legal battle surrounding hazardous waste disposal. While Wayne Disposal, Inc. pushes to expand its operations, local communities continue to advocate for their safety and the environment. With both legal and legislative actions in play, this story is far from over, and residents are left watching closely as events unfold.
