Idaho Gets Break Over Waste Fight Navy Twice Rebuffed In Attempts To Resume Dumping At Inel

State officials have shifted their attention to U.S. District Court in Boise now that an odd coalition in the House has delayed for at least two weeks action on a congressional mandate to resume radioactive dumping in Idaho.

U.S. District Judge Edward Lodge has promised a ruling this month on the state’s claim that the government has not adequately supported its contention that more nuclear waste can be safely dumped at the Idaho National Engineering Laboratory.

There had been speculation that Lodge is holding back on his decision because of lengthening negotiations between Gov. Phil Batt and Energy Department and Navy brass to work out an agreement that would eliminate the need for further courtroom maneuvering over the waste issue.

Also hanging over the judge was an appeal of his earlier decision to continue a ban on new waste shipments until he disposed of the state’s safety claim.

But a three-judge panel of the 9th U.S. Circuit of Appeals upheld him last week, rejecting the nuclear Navy’s contention that waste from its warships should immediately be shipped to INEL to preserve national security.

And then on Friday, less than 24 hours later, the Navy suffered yet another setback when conservative Republicans joined forces with House Democrats to overwhelmingly reject a compromise defense appropriation that authorized new shipments of spent fuel from nuclear warships to the INEL beginning this week.

That mandate overriding Lodge’s shipping ban fell victim to the decision of congressional negotiators to water down another provision prohibiting abortions in overseas military hospitals.

Anti-abortion Republicans objected vehemently to the weaker abortion ban while Democrats voted against the $243 billion compromise because of its price tag, emboldened by a White House letter earlier in the day that promised a presidential veto if the overall spending level was not reduced.

Had it made it that far, the bill would have faced rough sledding in the Senate, where opposition was strong against building more B-2 bombers and Idaho’s GOP senators had promised a filibuster over the mandate that radioactive dumping resume at the INEL.

But following the 267-151 defeat in the House, the appropriation must be reconsidered by congressional negotiators for possible revision. And with Congress scheduled to recess over the next week, it appeared there would be no action on any provision to resume radioactive shipments to the INEL until mid-October, if then.