Hanford legal battle may expand

YAKIMA -- State authorities yesterday asked a federal judge to refer some questions regarding a Hanford nuclear waste initiative to the state Supreme Court.

Initiative 297, overwhelmingly approved by Washington voters last fall, bars the U.S. Department of Energy from sending more nuclear waste to the Hanford Nuclear Reservation until all existing waste there is cleaned up.

A federal judge ordered a temporary halt to enforcement of the initiative last month, pending resolution of a lawsuit to overturn it. In that lawsuit, the federal government contends that the initiative violates federal laws governing nuclear waste, among other things.

The state Attorney General's Office has promised to defend the initiative in court.

However, state authorities believe some questions about the initiative must be resolved by a state court first. State attorneys filed a motion with the federal court in Yakima yesterday, asking Judge Alan McDonald to refer those questions to the state Supreme Court -- and stay the federal lawsuit pending a state high court ruling. There was no indication when McDonald might rule.

According to the filing, the questions include whether the initiative bars movement of waste already on the site or disposal of sealed nuclear reactor vessels from retired Navy submarines. The state also wants clarification on the definition of "mixed waste" under state law and how waste in unlined trenches should be characterized.

In the event that the federal judge finds only part of the initiative unconstitutional, the state also wants the state Supreme Court to decide if the entire measure would be nullified.

At issue are the federal government's plans for disposing of waste from nuclear weapons production nationwide. The Energy Department chose Hanford to dispose of some mildly radioactive waste and mixed low-level waste, which is laced with chemicals.

The site also would serve as a packaging center for some transuranic waste before it is shipped elsewhere for long-term disposal. Transuranic waste is highly radioactive and can take thousands of years to decay to safe levels.

Waste shipments to the site already had been halted under another lawsuit.

The initiative has raised questions on other fronts as well. Tuesday, a state lawmaker from Richland raised concerns that the initiative would impact cancer research in the region.

When Initiative 297 went into effect Dec. 1, the Energy Department immediately began taking action to halt some cleanup projects at Hanford, as well as research involving radioactive material at Pacific Northwest National Laboratory, a national Energy Department science lab.

In addition, cancer research conducted at the lab under a contract involving a private Richland company, the Energy Department and the lab was halted.

On Dec. 2, McDonald stayed enforcement of the initiative.

The sponsor of the initiative, Hanford watchdog group Heart of America Northwest, said the measure does not -- and was not intended to -- regulate medical isotope production. However, several state lawmakers are working with the group to draft legislation to clarify that position, the group said yesterday in a news release.

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