Justices to Hear Nuclear Waste Case
By Associated Press
Deseret Morning News, UT
July 15, 2006
A lawsuit challenging state approval of EnergySolutions expansion of its radioactive- and hazardous-waste landfill has been passed up to the Utah Supreme Court.
The challenge had been before the state Court of Appeals, but it said Wednesday that it would hand the case up to the higher court, without completing its own assessment.
It is not known whether the Supreme Court requested the case or he Appeals Court decided on its own to send it up.
The Healthy Environment Alliance of Utah — HEAL — filed the lawsuit after the state Radiation Control Board approved nearly doubling the size of the landfill.
The facility operated by the company formerly called Envirocare of Utah disposes of low-level radioactive and hazardous waste from more than 30 states.
Radiation Control Director Dane Finerfrock approved the request last summer, and the radiation board agreed in January that he had the authority to do so.
HEAL believes state law does not allow the radiation director alone to amend the company's license in such significant ways.
James Holtkamp, an attorney for EnergySolutions, said the move to the Supreme Court would at least shorten the whole process.
http://deseretnews.com/dn/print/1,1442,640195056,00.html
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