Environmentalists have filed a lawsuit against the state of North Dakota, asking officials to vacate newly adopted landfill rules because the North Dakota Health Council violated state law during the approval process.
The Dakota Resource Council and the North Dakota Energy Industry Waste Coalition filed suit in North Dakota South Central District Court last week, nearly a month after Attorney General Wayne Stenehjem found that the council violated public-meeting law.
In his March 15 opinion, Stenehjem concluded that the 13-day public notice for the August meeting, where the rules were approved, was inadequate. He said the council, which advises and governs the state Department of Health, should have given three months public notice of the event when it decided to hold the meeting. As a remedy Stenehjem ordered the body to provide the minutes of the meeting to the environmental groups.
Don Morrison, executive director of the Dakota Resource Council, said Monday over the phone that Stenehjem’s remedy is not enough.
“This is really standard operating procedure for North Dakota officials, is to not be very concerned about the public,” Morrison said. “The oil companies are the ones who drive the state government train.”
The new rules, which went into effect Jan. 1, boosted radiation-level allowances at state landfills from 5 picocuries per gram of material to 50 picocuries. Officials have said the changes will combat illegal dumping of TENORM, or Technologically Enhanced Naturally Occurring Radioactive Material. They require that TENORM producers register with the department, allowing officials to track waste from production to disposal. TENORM levels have risen in North Dakota with increases in oil and gas exploration.
Morrison argued that had the council given proper notice for the August meeting, the voice of opposition would have been greater, and the decision may have been different.
“We’re not against oil in any way,” Morrision said. “We just want them to do it right, and we don’t have state officials who really care enough to make sure they do it right.”
North Dakota officials could not be immediately reached for comment.
