Federal court overturns initiative 297. Voters can't bar hazardous waste from Hanford.

[depakid]

Washington voters don't have the authority to stop the dumping of radioactive waste in the state, according to a ruling Wednesday by the 9th U.S. Circuit Court of Appeals.

In 2004, nearly 70 percent of voters approved Initiative 297, which banned the import and disposal of hazardous waste at the Hanford Nuclear Reservation until the massive, polluted site was cleaned up.

The federal government, which is overseeing the multibillion dollar cleanup, immediately challenged I-297 in court.

In June 2006, U.S. District Judge Alan McDonald in Yakima ruled that the initiative was unconstitutional because it trumped federal law. The state, residents and nonprofit groups fought to defend I-297.

"I don't think this decision closes the door in any definitive way as to whether there is a way for the state to regulate hazardous waste coming to a facility that is noncompliant and seriously contaminated," said Andy Fitz, the state Attorney General Office's lead lawyer on the case.

There is no decision yet as to whether to appeal the ruling, Fitz said.

Through the initiative, Washington sought to regulate radioactive waste dumping at Hanford "out of concern for the health and environmental risks that increased contamination will cause," the federal appeals court ruling said.

But, the court concluded, the law created by the initiative falls within jurisdiction of the federal Atomic Energy Act of 1954.

More: http://seattlepi.nwsource.com/local/363984_hanford22.html

[angstlessk]

1. the supreme court will quote boosh v gore and state this does not a precedent

make...a president maybe, but not a precedent!

[Dogmudgeon]

2. They need to take this to their Senators

The action has to happen on a federal level. Plus, Hanford is a military site, though the Department of Energy has authority over the clean-up. There are a couple of points at which to apply pressure. I'm sure both Senators will be happy to oblige.

--p!