Radioactive Waste Shipments to Wayne Disposal Landfill Scrutinized in Trial

Downblending process at center of legal battle over Manhattan Project-era waste disposal

Published on Feb. 9, 2026

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A bench trial is underway in a lawsuit filed to block radioactive waste shipments to the Wayne Disposal landfill in Van Buren Township, Michigan. The trial is focusing on the 'downblending' process used by the landfill's owner, Republic Services, to mix elevated radiation waste with other materials to allow for disposal. Wayne Disposal has received over 500,000 cubic yards of this waste since 2017, according to testimony.

Why it matters

The outcome of the trial could determine whether shipments of Manhattan Project-era radioactive waste to the Wayne Disposal landfill can resume, which would impact residents living near the hazardous waste facility in western Wayne County.

The details

Wayne Disposal attorneys argued the downblending process is a permissible treatment measure, while the plaintiffs in the case, including several Wayne County communities, said it's a way to work around disposal limits. The judge raised concerns about the potential to create 'hot spots' of higher radiation through the downblending process. Wayne Disposal said it has safety protocols in place, including a 'handheld screening process' to ensure waste with radiation levels exceeding thresholds does not enter the facility.

  • The bench trial began on February 10, 2026.
  • Wayne County Circuit Court Judge Kevin Cox issued an injunction on August 6, 2024 to suspend shipments of elevated radiation waste from U.S. Army Corps of Engineers-managed sites to Wayne Disposal.
  • The legal battle over the shipments began in 2024 when news broke that the Army Corps planned to transport elevated radiation waste from the Niagara Falls Storage Site in Lewiston, New York to Wayne Disposal.

The players

Wayne Disposal Inc.

A landfill in Van Buren Township, Michigan that has received over 500,000 cubic yards of elevated radiation waste since 2017.

Republic Services

The owner of the Wayne Disposal landfill and the Michigan Disposal Waste Treatment plant, which carries out the 'downblending' process to mix elevated radiation waste with other materials.

Sylwia Scott

An environmental compliance manager for Republic Services who testified about the Wayne Disposal landfill's safety protocols and the downblending process.

Brandon Grysko

An attorney representing the Wayne County communities that sued the landfill, who referred to downblending as a 'loophole'.

Judge Kevin Cox

The Wayne County Circuit Court judge who issued an injunction in 2024 to suspend shipments of elevated radiation waste to Wayne Disposal and is presiding over the current bench trial.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee (Instagram)

What’s next

Judge Kevin Cox will decide the outcome of the bench trial, which could determine whether shipments of Manhattan Project-era radioactive waste to the Wayne Disposal landfill can resume.

The takeaway

This trial highlights the ongoing debate over the permissibility of 'downblending' radioactive waste to allow for disposal, and the potential public health and environmental risks posed by the shipment and storage of elevated radiation waste in residential areas.