Appeals Court Overturns Tank Waste Decision

A three-member panel of the U.S. Court of Appeals for the 9th Circuit has ruled against a lower court opinion that had invalidated the Department of Energy's reclassification of small volumes of radioactive waste sludge left in storage tanks at DOE former weapons sites. DOE's reclassification would allow some radioactive waste to be encased in concrete after most waste had been removed from the huge tanks, treated, and shipped to an underground repository. The lower court had ruled that DOE's plan violated nuclear waste law. The appellate court did not agree but did not address the merits of the case. Rather, it said the case was not ripe for an opinion, returning it to the lower court with an order to dismiss. The Natural Resources Defense Council, which brought the initial lawsuit, has not decided whether to appeal to the full appellate court or the U.S. Supreme Court. DOE's reclassification plan covers several hundred tanks at sites in South Carolina, Idaho, and Washington state. However, the suit will affect only DOE's Hanford Reservation in Washington since Congress recently passed legislation allowing DOE to reclassify waste at the other sites. Despite the lack of ripeness cited by the court, DOE has already filled two nuclear waste storage tanks at the Savannah River Site with concrete and is committed to moving ahead quickly with the others (C&EN, Nov. 1, page 20).