By Josh Long Jackson Hole Guide Keep Yellowstone Nuclear Free announced Tuesday its plan to file a lawsuit to challenge the proposed nuclear incinerator at the Idaho National Engineering and Environmental Lab.

Jackson attorney Gerry Spence said in a press release: "We are not against the disposal of nuclear waste. But we have assembled a legal team of the best environmental lawyers in the land to fight to the end any disposal method that spews nuclear material into the air over Jackson Hole and Yellowstone Park."

Last week, residents in Jackson Hole pledged some $500,000 to fight the incineration proposal. They don't seem to be bluffing; more than $100,000 has been gathered in a fund.

Spence held a meeting at his house Tuesday during which environmental attorneys from around the country discussed means of litigation.

"We have obtained documents showing that the Department of Energy went through a sham process. The government made up its mind to burn this nuclear waste before it conducted a public study. It then pretended to ask the public for its views," Spence said.

"We are going into federal court to enforce the will of Congress which directs the agencies of the government to listen to the public and to study environment effects first, and only after that to decide the best and safest method."

A spokesperson for Keep Yellowstone Nuclear Free - a non-profit organization that has mobilized to oppose expected incineration of radioactive and hazardous waste starting in 2003- said she deposited contributions for $63,000 into the bank on Monday.

"People are really following up on this ... It's incredible: The mail box is filled," said treasurer Anni Magnuson.

Meanwhile, residents are protesting the incineration project - which is only part of the Advanced Mixed Waste Treatment Project - throughout town. The project is expected to result in the disposal of 65,000 cubic meters of hazardous and radioactive waste. Roughly 22 percent of the waste is proposed for incineration.

Residents here have maintained hazardous and radioactive waste will be carried to this area by prevailing winds and impact the Yellowstone ecosystem. Government officials, however, said that multiple monitoring systems will be located on the incinerator, 99.99 percent of emissions will be contained and levels of radioactivity emitted over the course of a year will be minute - less than one percent of the radioactivity humans receive each year.

Spence rebutted: "The government has chosen a dangerous and archaic way to deal with nuclear waste, and we're going to use every legal means available to stop them on behalf of concerned citizens."

A global nuclear conference is being held at Snow King Center this week and residents have been silently protesting the incinerator each day at 7 a.m., Magnuson said.

Also, residents demonstrated Tuesday night at the National Museum of Wildlife Art. Seventeen people demonstrated, and one boy held a sign: "Don't burn trash in the air," said Suzy Kneeland, representative of Keep Yellowstone Nuclear Free.