Canton Township attorney reports progress in lawsuit seeking to block radioactive waste shipments to Wayne Disposal landfill

Brandon Grisco, an attorney with the Fosso & Grisco law firm representing Canton Township and several neighboring jurisdictions, told the board on June 24 that an evidentiary hearing over planned shipments of radioactive waste from the Niagara Falls Storage Site concluded in May and a judge will hear closing arguments July 1 on whether to keep an injunction preventing disposal while the case proceeds.

Why it matters: the shipments at issue are material characterized in court testimony as technologically enhanced naturally occurring radioactive material (TENORM/T-NORM) associated with Manhattan Project-era operations in New York. Plaintiffs argue the public and local officials have not been afforded full participation in EGLE’s licensing process and that fire-safety and public-health risks require judicial review and temporary relief while the litigation proceeds.

Grisco said the complaint filed in September 2024 asserted, among other things, deficiencies in fire protection preparations and a public-nuisance theory tied to licensing conducted on an expired permit. The court granted a temporary restraining order days after filing; plaintiffs later obtained a state-court ruling that the case belongs in Wayne County circuit court after Wayne Disposal attempted to remove it to federal court. The judge denied Wayne Disposal’s motion to dismiss and scheduled the preliminary-injunction phase for May 19–20.

At the May hearing, plaintiffs called public-health and technical witnesses, including former Wayne County public-health official Dr. Al Sayed and University of Michigan nuclear scientist Dr. Kimberly Kirofat, who testified about potential risks associated with the material. Wayne County intervened as an intervening plaintiff and presented witnesses. Republic Services/Wayne Disposal and EGLE also presented testimony; EGLE Director Liz Brown testified she expected the soonest public hearing on a draft license would be in August, per cross-examination.

Grisco said testimony disclosed operational details that drew concern: contractors intend to transport soil and concrete and groundwater off-site, and an on-site processing facility (referred to in testimony as “Michigan Disposal”) was described as a permitted processing step that could accept higher-activity material and then “dilute” or process it before moving it across the facility to the landfill. Grisco said the practice of authorized dilution and internal transfer surprised some witnesses and the judge.

The plaintiffs have submitted proposed findings of fact and conclusions of law; closing arguments on whether a preliminary injunction should remain in place are set for July 1. Grisco said the plaintiffs presented what he characterized as a strong evidentiary record but told the board that litigation outcomes are uncertain and an appeal by Wayne Disposal is probable if the injunction is granted.

Supervisor commentary and legislative response: Supervisor (Madam) noted state lawmakers are working on legislation to raise landfill tipping fees, an item local officials say could reduce out-of-state or out-of-region shipments to Michigan. Canton Trustee members and attendees also raised concerns about the landfill’s proximity to residential neighborhoods, schools, parks and the Huron River watershed.

Next steps: the court will either rule from the bench or take the matter under advisement after July 1 closing arguments. If the preliminary injunction is denied, the litigation would continue without a stay; if granted it would remain in place pending further court action and likely appeal.

No formal board action was taken tonight on this agenda item; the presentation was an informational update from township counsel and outside counsel.