Controversial Boyd County fight from the 1980s and ‘90s returns to Legislature

Yahoo

01-05-2025

State Sens. Danielle Conrad of Lincoln, left, and Tom Brandt of Plymouth. Feb. 23, 2024. (Zach Wendling/Nebraska Examiner)
LINCOLN — It's been a while since the words 'low-level radioactive waste' have been spoken on the floor of the Nebraska Legislature, but state senators revived the topic two weeks ago.
During debate on a bill allowing the merger of two state agencies, a debate broke out over whether the legislation should include repeal of the 1986 Low-Level Radioactive Waste Act, a package of regulations passed amid the heated controversy over locating a waste repository in Boyd County.
That controversy divided families and towns in the rural county, spawned a hunger strike by a leading opponent of the waste dump and eventually led to a judge's ruling that Nebraska must pay $145.6 million in damages for rejecting the repository, designed to dispose of radioactive waste from five central U.S. states.
The radioactive waste controversy also played a role in the 1990 gubernatorial race. Democrat Ben Nelson, who opposed the waste facility, narrowly defeated then-Gov. Kay Orr, a Republican who backed the project.
Lawmakers approve agency merger of Nebraska's Natural Resources into Environment and Energy
Two state senators, Tanya Storer of Whitman and Danielle Conrad of Lincoln, questioned the need to repeal the waste storage regulations during floor debate on April 22, and asked why it was included in a then-446-page proposal for a merger of the Nebraska Department of Environment and Energy with the Department of Natural Resources.
State Sen. Tom Brandt of Plymouth, who introduced Legislative Bill 317 on behalf of Gov. Jim Pillen, said attorneys with the NDEE advised him that the language was 'obsolete,' and if the regulations were removed, there would be no way for a new low-level radioactive waste depository to be located in the state.
Storer, whose district includes Boyd County, said that any legislation that impacts the old controversy was of great interest to her constituents.
'Removing it is helping protect Nebraska? Ultimately, this is a good thing?' she asked Brandt, who responded yes.
Despite that, Conrad won adoption of an amendment, on a 34-8 vote, that would retain the low-level radioactive waste regulations in state law.
I just felt it was too rushed and too risky.
– State Sen. Danielle Conrad on removing old regulations for radioactive waste depositories
Conrad said that her amendment would give lawmakers more time to better understand if removing the regulations was a good thing.
'I just felt it was too rushed and too risky' to remove the rules, the senator said later.
The overriding bill, LB 317, ended up advancing to the final round debate. It passed this week 34-12. Storer and Conrad still opposed it.
The merger had been promoted by the governor as a way to increase collaboration between the departments that deal with water quantity, water quality, solid waste and manufacturing emissions, and a way to eventually save some money.
Critics said that a fiscal impact statement doesn't show any specific cost savings and that the merger was unnecessary and had been opposed by agricultural groups.
Examiner Reporter Zach Wendling contributed to this report.
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