Federal Court Extends Injunction Blocking Federal Energy Department From
Dumping Radioactive and Toxic Waste at Hanford



"The ruling bodes well for upholding the will of Washington's voters' to
require Hanford to be cleaned up before more waste can be dumped," says Sponsor
of Initiative 297



"Serious Question" of risk from dumping massive quantity of waste from other
nuclear weapons plants cited - -

However, court will allow shipment of over 200 barrels of highly radioactive
Plutonium. Trucks with highly radioactive Plutonium pose high risk if trucks are
in accident or targeted by a terrorist attack



For Information:
For Immediate Release:

Gerald Pollet, JD; Chair, Yes on I-297: Protect Washington
May 13, 2005

Executive Director, Heart of America Northwest (206)382-1014 cell:
(206)819-9015



Today, the US District Court for Eastern Washington ruled that
there is a "serious question" of risk from the federal Energy Department's
(USDOE's) plan to use Hanford as a national radioactive and toxic waste dump for
waste from other nuclear weapons plants. Judge Alan McDonald has extended a
temporary injunction against the USDOE importing and dumping at Hanford nearly a
half million cubic feet of radioactive and toxic waste, which the USDOE wanted
to ship to Hanford in the next two years. The injunction will last until there
is a trial over whether USDOE adequately considered the environmental and health
risks from its plans. Today's decision means that radioactive waste mixed with
toxic chemicals will not be added to Hanford before the same court decides
whether Initiative 297, which bars adding more such waste to Hanford until the
waste at Hanford is cleaned up and complies with hazardous waste standards, is
constitutional. Initiative 297 was passed last November by Washington's voters
with the highest total vote count for any initiative in the state's history.



"The ruling bodes very well for upholding Initiative 297," said
Gerry Pollet, the chief Sponsor of Initiative 297 and Director of the citizens'
Hanford watchdog group, Heart of America Northwest. "The recognition of 'serious
questions' of risk from adding massive amounts of waste on top of Hanford's
existing contamination problems shows that the State's voters were well
justified in adopting the common-sense standard that the Energy Department has
to clean up its mess before it gets to dump more."



Today's court ruling comes in a case begun in 2003, when the USDOE
started shipping highly radioactive Plutonium waste to Hanford (called
"Remote-Handled Transuranic waste, or "TRU"), and citizen groups, including
Heart of America Northwest joined with Washington State in challenging the
USDOE's decision to ship waste without considering the risks. Washington State
proceeded to expand the case to challenge the Energy department's subsequent
environmental impact statement used to justify all waste shipments and other
disposal decisions. In May, 2003, the court enjoined further shipment of the
highly radioactive Plutonium waste to Hanford. The citizen groups concentrated
on passing and defending Initiative 297 after that decision.

more.







"We thank the good work done by the Washington Attorney General
and his staff and Governor Gregoire for establishing that there are significant
risks to public health and the Columbia River from the USDOE's plan to use
Hanford as a national radioactive waste dump," said Pollet. "Their work reflects
a sound State policy that the most contaminated place in America - Hanford -
must be cleaned up and comply with hazardous waste laws before more waste gets
dumped."



Judge McDonald's decision appears to allow the highly radioactive
Plutonium waste from one site in Ohio to come to Hanford - where it will sit for
at least a decade. However, the Judge barred any shipments which also include
toxic or dangerous chemical wastes. In the earlier phase of the litigation,
Heart of America Northwest showed that all the highly radioactive TRU waste
likely contains such dangerous hazardous wastes, which the Court found would
violate hazardous waste laws if it is brought to Hanford. This waste is so
radioactive that it can not be tested to determine what chemical hazardous
wastes are in it. Documents provided the court by Heart of America Northwest and
a declaration by Gerald Pollet show that USDOE's own contractor found that the
wastes are likely to contain ignitable and volatile chemical wastes. These
wastes are so radioactive that, if USDOE ships the full quantity it proposes to
Hanford, USDOE admits that radiation along the truck routs - through Oregon or
Spokane - would cause 9 fatal cancers in adults. An independent study found that
50 fatal cancers were more likely to result, and there would be thousands of
fatal cancers from an accident or terrorist attack on these distinctive truck
shipments of highly radioactive Plutonium.



Court Actions will continue:

On Thursday, May 19th (10AM), the Washington Supreme Court will
hear oral argument on the meaning and interpretation of Initiative 297. After
the Supreme Court issues its decision, the court case over Initiative 297 will
return to the same federal court which is also hearing the challenge to USDOE's
decision to import waste to Hanford. The federal court's injunction lasts 90
days, when the State may move to extend it through a trial on the merits of its
claims that the environmental impact statement on USDOE's landfills and adding
waste to Hanford is legally inadequate.
###







more info at www.HeartofAmericaNorthwest.org

Info on Initiative 297: www.YesonI297.org

Other citizen groups participating in the initial phase of the suit: Columbia
Riverkeeper, Washington Physicians for Social Responsibility and Sierra Club.


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