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Sierra Club Joins Incinerator Lawsuit

By Josh Long
Jackson Hole Guide

The Sierra Club has officially decided to join two environmental groups in a lawsuit against the Department of Energy to stop work on a proposed incinerator west of Jackson Hole.

"We have a long history of working on nuclear waste incinerator projects," said group spokesman Larry Mehlhaff.

The national organization, which has a membership of 550,000, has roughly 300 members in the Jackson Hole area.

"We are talking about world-class resources being threatened," Mehlhaff said.

Keep Yellowstone Nuclear Free and the Environmental Defense Institute are the other two groups affiliated with the lawsuit.

Lawsuit Status

In the meantime, attorneys are gathering information to file a motion for a summary judgment.

The lawyers will seek to present evidence showing that the Department of Energy did not comply with the National Environmental Policy Act when it performed an environmental impact statement.

Attorneys will also argue that current science shows that incineration is not safe to the environment and that if procedures were followed correctly, officials would find "there are alternatives that have a lower risk," said attorney David Nevin.

Federal District Judge Alan Johnson denied notion to temporarily halt the energy department proposal in September, saying the incinerator is not scheduled to be constructed immediately and poses no immediate harm to citizens and the environment, Nevin said.

Vice President Responds

Under escalating pressure from U.S. Sen. Craig Thomas and the Wyoming Congressional Delegation, Vice President Al Gore responded to Thomas last week about the INEEL project.

"I agree that the environmental concerns of health, public safety and protection of our national parks are paramount," Gore said.

Although the vice president said a member of his staff will be working directly with the Wyoming delegation, Thomas is pressing the White House to find incineration alternatives.

Finley Says Project Is Safe

While many public officials oppose the energy department proposal, the superintendent of Yellowstone National Park maintained the project is safe.

Mike Finley said last week: "We are comfortable that the environmental impact statement as written has provided no indication that Yellowstone will be damaged or public safety jeopardized at Yellowstone based on this project."

Finley said air quality officials who work for the National Park Service studied the proposal's environmental impact statement twice and determined the project would not adversely Impact Yellowstone.

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