Monday, August 01, 2005

State of Neb. makes payment on Boyd County nuke waste case

Transfer of $145.8 million to end nuke waste lawsuit, disputeThe 18-year fight over locating a low-level nuclear waste dump in Nebraska ended Monday with a phone call. the Nebraska state treasurer's office ordered two wire transfers totaling $145,811,367 sent to a four-state compact.The compact, which now includes Kansas, Arkansas, Louisiana and Oklahoma, won a federal court ruling against Nebraska three years ago after the state refused to license a waste facility in Boyd County, not far from the South Dakota border.Although Congress mandated the compacts set up in the late 1970's no compact in the country has opened a waste site. The country's low-level waste is primarily handled by private facilities in South Carolina, Utah and Washington state. The $145.8 million payment,is the single largest known to be made in Nebraska state history, equates to about $83 for every man, woman and child in the state.The bulk of that - $115 million - will go to the utilities that paid most of the money during the licensing process. The four states will share $4 million, with the site contractor US Ecology receiving $12 million. Smaller claims for money were to be discussed at the compact's meeting in January. Waste dump timeline Associated Press

Key events in the effort to build a low-level nuclear waste dump in Nebraska:

1980 - Congress approves the Low-Level Radioactive Waste Policy Act, which assigns states responsibility for waste and establishes the waste compact system.

1983 - Nebraska joins Louisiana, Arkansas, Kansas and Oklahoma to form the Central Interstate Low-Level Radioactive Waste Compact.

1987 - Compact chooses to build its waste site in Nebraska.

1989 - Possible sites in Boyd, Nuckolls and Nemaha counties are chosen for intensive study. Local monitoring committees established. Butte selected as the site by year's end.

1990 - Site's license application submitted.

1998 - Nebraska denies a license for the dump, citing environmental concerns and a high water table at the site.

1998 - Waste generators file a lawsuit over denial of the license, which is later joined by the compact. Federal Court enjoins state from continuing admin proceedings and 8th circuit upholds ruling in 2000.

2002 - U.S. District Judge Richard Kopf of Lincoln orders Nebraska to pay $151 million for blocking construction of the site.

2004 - Nebraska agrees to drop its appeal of Kopf's decision to the U.S. Supreme Court and pay $141 million to settle the lawsuit. The 8th Circuirt had upheld the judgment against the State of NEbraska in all respects:

Aug. 1, 2005 - Nebraska payment made to the compact.

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