Nuke Waste Blocked Judge ‘S Order Temporarily Halts Shipment Of Waste To Idaho

Sat., May 20, 1995

Associated Press

A federal judge Friday afternoon signed an order temporarily blocking 1,950 shipments of nuclear waste the Department of Energy plans to send to Idaho.

U.S. District Judge Edward Lodge granted the state’s bid to reopen legal proceedings in the case, and assigned himself to the case.

He also extended an injunction granted by Judge Harold Ryan, who died recently, until Idaho’s legal challenges are resolved.

Jeff Malmen, chief of staff for Gov. Phil Batt, said it was a great victory for Idaho in its efforts to keep nuclear waste out of the state.

Ryan in 1993 ordered the federal government to do a full environmental impact statement before it could resume most nuclear waste shipments to the Idaho National Engineering Laboratory. A few shipments were allowed because of national security concerns, but they have been completed.

The study was completed recently, and under a preferred option, the Department of Energy could ship up to 1,950 loads of radioactive waste to Idaho.

Batt this week said he expected Energy Secretary Hazel O’Leary to quickly sign an order clearing the way for the shipments to resume.

Batt on Thursday directed state attorneys to file notice that Idaho will challenge the finding, saying the state has “serious legal and technical objections” to it.

Based on that, Lodge said the order Ryan signed on June 28, 1993, granting an injunction against the shipments, should be continued.

Lodge noted that part of Ryan’s order said the nuclear waste shipments should be stopped until the sitewide environmental impact statement was completed and reviewed, “and any challenges to the statement are resolved.”

The state also asked for an immediate status conference. Lodge’s order said it was “because of its concern that shipments of spent fuel may resume upon issuance of the environmental impact statement and record of decision.”

He said a status conference will be held on the first available date.

Lodge, who is the only full-time Idaho district judge, reassigned the case to himself.

Local journalism is essential.

Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are tax deductible.

Meet Our Journalists

Jesse Tinsley

Meet Jesse Tinsley. As a certified drone pilot, this veteran Spokesman-Review photographer often can be seen capturing beautiful aerial photographs of our region. Sometimes though, the job requires getting down with the dogs.
Jim Meehan

Jim Meehan is no stranger to Zag Nation. As the lead writer covering the Gonzaga men’s basketball team, he tells the stories behind the game and gets fans a bit closer to their favorite players.
Molly Quinn

There is no artist in Spokane like Molly Quinn. Her whimsical style is instantly recognizable to readers of The Spokesman-Review. She has painted gorgeous illustrations that instantly elevate the journalism accompanying it. She brings to life the stories that defy photography. She makes our pages better.
Rob Curley

Spokesman-Review editor Rob Curley loves to talk with people and learn about their lives, whether it's a best-selling author or a stranger he meets downtown on his walk to lunch. It's that inquisitive nature combined with a playful sense of storytelling that helps make our newspaper different than most.