Southwestern Low-Level Radioactive Waste Disposal Compact

California is the host state. A Ward Valley site in San Bernardino County was licensed in September 1993, but ownership of the site was in litigation. According to the Fiscal Year 2002 Host State Report On The Status Of The Regional Disposal Facility, “The California Department of Health Services reported that on May 3, 2000 US Ecology filed suit in Superior Court, San Diego County (US Ecology v. The State of California; California Department of Health Services; Gray Davis, in his capacity as Governor of California; Diana M. Bontá, in her capacity as Director of the California Department of Health Services). Plaintiff alleged that defendants breached express and implied agreements and failed to act in good faith to ensure that a low-level radioactive waste disposal facility was established in California. Plaintiff sought issuance of a writ of mandate directing the State of California to act in a timely manner to establish a regional low-level radioactive waste disposal facility at the previously-selected site in Ward Valley, declaratory relief stating that defendants breached and/or repudiated certain binding promises; and reimbursement and damages representing costs and lost profits in an amount not less than $162 million, plus $1 million per month. On September 22, 2000, the court issued a tentative ruling sustaining defendant's demurrer on each cause of action, without leave to amend. On November 27, 2000, the plaintiff appealed the decision to the California Court of Appeal, Fourth Appellate District. On September 5, 2001, the Court of Appeal reversed the lower court’s decision solely on the issue of damages based on the one remaining cause of action on the theory of promissory estoppel. The case was returned to the trial court for trial and reassigned to Judge E. Mac Amos. The trial was scheduled for early 2003.
Category: Energy
Interstate Agency: Southwestern Low-Level Radioactive Waste Commission

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Member States

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State Citation Year Of Joinder
Arizona A.R.S. Sec. 30-721 et seq. 1984
California West's Ann. Cal. Health & S. Code Sec. 115250 et seq. 1987
Congress 42 U.S.C.A. Sec. 2021d 1988
North Dakota NDCC 23-20.5-01 1989
South Dakota SDCL Sec. 34-21B-3 1989