Court: Idaho nuclear waste documents won't be made public

Headline Legal News

U.S. officials don't have to provide details about proposed shipments of extremely radioactive spent commercial nuclear fuel to the country's top government nuclear research laboratory in Idaho, a federal court has ruled.

The ruling was a major setback to a lawsuit filed by former Idaho Gov. Cecil Andrus, who had a long history of legal battles with the Energy Department over nuclear waste entering the state and a firm belief that residents had a right to know the agency's plans.

U.S. District Court Judge B. Lynn Winmill on Tuesday ruled the federal agency acted properly in withholding information sought by Andrus in a Freedom of Information Act request he filed in January 2015.

That decision means the documents will not be released to the public anytime soon, but they ultimately could be as another part of Andrus' argument has yet to play out and the case remains open.

Andrus, a Democrat who died in August at age 85, filed the lawsuit in September 2015 after receiving heavily blacked-out documents from the federal agency about the spent commercial nuclear fuel shipments. His daughter, Tracy Andrus, has been substituted with the court's approval as the plaintiff in the case.

The former governor's longtime aide, Marc Johnson, said he was disappointed with Tuesday's ruling in favor of the Department of Energy, "particularly after waiting so long to see what DOE really has in mind for further waste in Idaho."

The lawsuit seeks information about several hundred pounds of proposed research shipments of spent commercial nuclear fuel the federal agency wants to send to the Idaho National Laboratory, the nation's top federal nuclear research lab. The shipments required a waiver to a nuclear waste agreement the Energy Department and Idaho signed in 1995 limiting nuclear waste shipments to Idaho. The agreement followed federal court victories by then Gov. Andrus at a time when he feared the state was becoming a repository for the nation's nuclear waste.

Andrus, before his death from complications from cancer, contended that signing such a waiver would open the state up to receiving tons of nuclear waste from around the nation, and is why he sought information about the Energy Department's plans.

Related listings

  • Ohio taxpayers lose right to take disputes to high court

    Ohio taxpayers lose right to take disputes to high court

    Headline Legal News 10/18/2017

    Ohioans lost the right Friday to appeal disputed tax decisions directly to the state’s high court, a scarcely debated policy change that critics say will have sweeping consequences for businesses, individuals and governments.The Ohio Supreme Co...

  • Israeli protesters erect golden statue of High Court chief

    Israeli protesters erect golden statue of High Court chief

    Headline Legal News 08/31/2017

    Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group. Police quickly removed the statue of Miram Naor,...

  • Indiana's newest Supreme Court justice joins high court

    Indiana's newest Supreme Court justice joins high court

    Headline Legal News 07/24/2017

    Former Wabash County Superior Court Judge Christopher Goff was sworn in Monday as Indiana's newest state Supreme Court justice, joining a high court that's been completely remade since 2010 following a series of retirements. Chief Justice Loretta Rus...

Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.