Van Buren Township Supervisor Kevin McNamara said the recent legal victory in Wayne County Circuit Court that prohibits a specific radioactive waste from being disposed at a local township landfill was a “victory that reflects what can happen when communities come together and remain engaged”, and stands as a testament to the robust collaboration between Wayne County residents, local municipalities and elected leadership.

Wayne County Circuit Court Judge Kevin Cox granted a permanent injunction in late May prohibiting Defendant Wayne Disposal, Inc. (WDI) from accepting TENORM (technologically enhanced naturally occurring radioactive waste) from any Formerly Utilized Sites Remedial Action Program material (FUSRAP) site, including the Niagara Falls Storage Site (NFSS) in Lewiston, N.Y.

The Wayne Disposal Inc. Hazardous Waste Landfill, a roughly 600-acre hazardous waste facility, is located at 49350 North I-94 Service Drive in Van Buren Township, and is a highly engineered facility owned by Republic Services and licensed to accept hundreds of hazardous waste types.

The lawsuit was filed on September 16, 2024, jointly by the City of Belleville, Canton Township, the City of Romulus, Van Buren Charter Township, and the Van Buren Township Fire Chief, David McInally. On October 3, Wayne County subsequently joined as an intervening plaintiff. The Court’s written opinion addressed concerns regarding public health, environmental impact, transportation, and the facility’s proximity to residential neighborhoods, schools, waterways, and public infrastructure.

“This is an important moment for each of our communities and residents who worked tirelessly to make their voices heard,” McNamara said. “I want to thank the hundreds of residents, community organizations and neighboring communities who stood together throughout this process. Your advocacy, persistence and commitment truly made a difference.”

Brandon Grysko, managing partner of Fausone and Grysko PLC, who was counsel for the plaintiff communities, called the court’s decision an example of how public officials are willing to fight at all costs to help keep their communities safe.

“This company for now (the ruling is being appealed) is prohibited from bringing in this waste stream entirely, and I think the public ought to take some level of comfort in knowing that their elected officials are fighting to secure their health and safety,” he said. “And even though we have been dealing with nuclear waste for decades, there is still a surprising amount that we don't know about radiation, including its effects and what experts even agree on.”

Grysko said the allegations were that the Wayne Disposal landfill was creating and maintaining a public nuisance and interfering with the public health, safety and welfare to such a degree that the plaintiffs saw a need to take this case to court to seek immediate relief to stop them from continuing harm to the surrounding communities.

“This was an aggressive effort and a big commitment,” he said. “It was a time commitment. I mean, we were doing depositions after hours and working on the weekends, often alongside local officials, because there was an urgency to this. There was a lot of hours and effort that went into it.

“And this was fast. So many cases will take two, three years to come to fruition and you're kind of going back and forth that whole time with written discovery and then depositions and motion practice sprinkled in. This case was unique in that it went from start to finish within a very accelerated time frame.”

McNamara also expressed appreciation for the efforts of community advocates, including Jeanine Rippey, Chris Donley and members of Michigan Against Atomic Waste, as well as the many residents and organizations who supported the legal effort over the past several months.

“We are grateful to everyone who participated, attended meetings, shared concerns, and helped support this effort from beginning to end,” McNamara said.

Belleville Mayor Ken Voigt said: “Judge Cox’s ruling made it clear that the communities and citizens that fought against the disposal of any sort of atomic waste in a highly populated area contiguous to the Huron River watershed which feeds into the Great Lakes were right to be opposed to this foolish idea. By fighting this issue, our communities made it clear that we would not quietly accept the landfilling of atomic waste in our backyard, which by its proximity to 21 percent of the world’s fresh water is in truth, everyone’s backyard. We appreciate the efforts of everyone who stood together on this issue.”

A copy of the Court’s Final Opinion and Order is available through Wayne County Circuit Court records.