DENVER—State health officials were within their rights to effectively block Cotter Corp. from accepting radioactive waste from New Jersey at its uranium mill in Canon City, a judge ruled Friday.
Cotter had applied for a permit to dispose of soil from a Superfund site in Maywood, N.J., at its mill site, but state health officials rejected it. Cotter sued after an administrative judge upheld the decision last year.
Denver District Court Judge Christina Habas let the decision stand Friday and ruled that the state and a citizens group targeted by Cotter’s lawsuit could collect legal costs from the company.
The citizens group Colorado Citizens Against Toxic Waste had been fighting to block Cotter from accepting the soil since 2002. “We’re very happy,” group spokeswoman Sharyn Cunningham told The Gazette.
In its lawsuit, Cotter argued that the state arbitrarily decided to reject its permit application on grounds that it would have a negative socio-economic effect on the community. It said the state health department had no written rules for assessing socio-economic harm.
Habas said it was reasonable for the department to interpret Colorado law as requiring it to consider socio-economic effects in its licensing decision. She said Cotter could not prove that the state’s decision was made without regard to evidence.
Cotter could still appeal. Messages left with company representatives were not immediately returned.
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Information from: The Gazette,
