Features

Lawsuit thrown out over radioactive waste dump

The Associated Press
Tuesday October 31, 2000

SAN DIEGO — A Superior Court judge has thrown out a lawsuit against the state over the abandoned development of a radioactive waste dump near Needles. 

Superior Court Judge S. Charles Wickersham dismissed all of US Ecology Inc.’s claims against the state, Gov. Gray Davis, the California Department of Health Services and Diana Bonita, the agency’s director. The ruling, issued last week, was made final Monday. 

The company filed suit after the state decided not to pursue purchase of land in the Mojave Desert for a low-level nuclear waste dump. Wickersham ruled the decision was “discretionary” and not under the jurisdiction of the court. 

US Ecology alleged the state violated a contract with the company. That claim also was found to be without merit. 

The company sought to open a depository for low-level nuclear waste in Ward Valley, about 18 miles from the Colorado River. 

“I think that the judge is telling US Ecology that it’s going to have to pay for its own mistakes at Ward Valley ... that the state is not going to allow a radioactive waste dump at Ward Valley and it doesn’t owe any money to US Ecology in damages,” said Bill Magavern of the Committee to Bridge the Gap, an environmental organization opposed to the project. 

Critics said such a dump could contaminate the Colorado River and jeopardize the water supply for millions of people in the Southwest. 

Officials with American Ecology of Boise, Idaho, the parent company of US Ecology, said the dump would contain only low-level radioactive material and would not pollute the river. 

“We disagree with the ruling and we are in the process of filing our appeal,” said Steve Romano, vice president for corporate development at American Ecology. “We continue to believe we have a strong case and maintain that either this project will be built or we are entitled to get our money back.” 

Two appeals related to the dump are pending in federal court.