Overview:
- Wayne Disposal sought to clarify a court order that blocks the shipment of Manhattan Project radioactive waste to the Van Buren Township landfill.
- "There's just too many ambiguities at this stage to modify the order," says Wayne County Circuit Judge Kevin Cox.
- Michigan regulators are considering a permit for a 23% expansion of the landfill's capacity.
A Wayne County judge denied proposed changes Wednesday to an injunction that bars the shipment of radioactive waste from all Manhattan Project-era sites managed by the U.S. Army Corps of Engineers to the Wayne Disposal landfill.
Attorneys for the Van Buren Township landfill sought to amend Wayne County Circuit Judge Kevin Cox’s Aug. 6 preliminary injunction in order to accept what it said are materials with radiation levels below what’s classified as TENORM, or technologically enhanced naturally occurring radiological materials.
The legal battle over the shipments began in 2024 over Army Corps plans to send elevated radiation waste from the Niagara Falls Storage Site in Lewiston, New York to Wayne County.
Belleville, Van Buren Township, Canton Township, Romulus, and the Van Buren Township fire chief filed a lawsuit in September 2024 to stop the shipments, and Wayne County intervened in the case. The lawsuit is scheduled to go to trial Feb. 2.
Wayne Disposal’s proposed amendment includes a different definition of TENORM than the one included in the August court order barring the radioactive waste, Cox said during a Wednesday hearing.
Michael Caldwell, an attorney representing Wayne County, said determining whether the waste sent from the Manhattan Project-era sites contains TENORM is an “almost insurmountable” problem.
“This really does have to do with the defendant’s refusal to provide any information … that would be necessary to determine whether the waste they want to ship to Van Buren Township falls within the scope of your preliminary injunction,” Caldwell said.
Scott Watson, an attorney for Wayne Disposal, said it’s the Army Corps’ responsibility to properly characterize waste before sending it to the landfill for disposal.
Cox said it’s possible the Army Corps’ and the court’s definition of TENORM are different. To meet the court order, there would have to be some demonstration that material being shipped hasn’t been mixed with other materials to appear below background levels, he said.
“There’s just too many ambiguities at this stage to modify the order,” Cox said.
Michigan regulators are considering a permit for a 23% expansion of Wayne Disposal’s capacity that would increase the maximum allowed elevation for the landfill from 140 feet to 215 feet.
🗳️ Civic next steps: How you can get involved
Why it matters
⚡ A lawsuit filed against Wayne Disposal in Van Buren Township could determine the future of radioactive waste shipments to the landfill, which is located across I-94 from Belleville Lake.
Who’s making civic decisions
🏛️ A lawsuit that aims to bar Manhattan Project-era elevated radiation waste from Wayne Disposal is before Wayne County Circuit Judge Kevin Cox. Michigan’s Department of Environment, Great Lakes and Energy is considering a permit for a proposed expansion of the landfill.
How to take civic action now
- 🌱 Follow the group Michigan Against Atomic Waste for updates on Wayne Disposal.
- 📩 Email the Michigan Department of Environment, Great Lakes, and Energy at EGLE-MMD-HWS@Michigan.gov to comment on the proposed Wayne Disposal expansion before Oct. 31.
- ✉️ Mail EGLE, MMD, Hazardous Waste Section, Attn: Christine Matlock, P.O. Box 30241, Lansing, MI 48909
What to watch for next
🗓️ EGLE’s Tracy Kecskemeti previously said the agency would decide on Wayne Disposal’s expansion proposal this year. The trial of the lawsuit over low-level radioactive waste from Army Corps sites is scheduled for Feb. 2, 2026.
Civic impact
🌍 Following and weighing in on this issue could help influence how hazardous waste is handled in Michigan.
⭐ Please let us know what action you took or if you have any additional questions. Please send a quick email to connect@planetdetroit.org.
MORE REPORTING ON WAYNE DISPOSAL
‘Mind-boggling’ Wayne County landfill expansion draws heat from residents
Community members tell regulators Wayne Disposal’s expansion would add pollution and truck traffic, and endanger the Huron River and Great Lakes.
Lawmakers urge Whitmer to act on hazardous waste as Wayne Disposal landfill expansion nears approval
Regulators signal approval for Wayne County nuclear and hazardous waste site. Metro Detroit lawmakers say legislation is needed to rein in dumping in the state.
Judge blocks shipment of Manhattan Project radioactive waste to Wayne County landfill
Runoff from Wayne Disposal, if not fully contained and treated onsite, would flow into one or more county drains and drain into Belleville Lake, the Huron River, and Lake Erie, says Wayne County circuit judge.