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US Ecology Sues State of California Over Ward Valley
US Ecology Sues State of California Over Ward Valley; Seeks More Than
$162 Million From State for Ignoring Laws and Contract Obligations
BOISE, Idaho--(BUSINESS WIRE)--May 3, 2000--Jack Lemley, chairman,
chief executive officer and president of American Ecology Corporation
(Nasdaq:ECOL), today announced that its subsidiary US Ecology, Inc.
is suing the State of California, its Governor and the Director of
the state Department of Health Services for monetary damages
exceeding $162 million stemming from the state's abandonment of the
Ward Valley low-level radioactive waste ("LLRW") disposal project.
US Ecology is also seeking a Writ of Mandate requiring California to
resume and complete steps to purchase the disposal site.
"It is clear that California has abandoned its duty to develop this
safe, environmentally sound disposal facility as required by state
and federal laws and the state's contractual relationship with US
Ecology," Lemley stated, adding, "The real tragedy is that
radioactive waste continues to pile up in California communities
while state officials bury their heads in the sand and ignore the
law." The suit was filed in Superior Court for the County of San
Diego.
Laws on the books since the 1980s require the state to build a
disposal site for LLRW produced in California, Arizona, North Dakota
and South Dakota, members of the Southwestern Compact. In keeping
with these laws, a private developer -- US Ecology -- was selected in
1985 to locate and license the site using its own funds on a
reimbursable basis. US Ecology has also paid annual $250,000 license
fees and covered the cost of various contractors hired by the state
to assist it in scrutinizing the project. In 1993, US Ecology
obtained a license from the California Department of Health Services,
which it continues to hold. The state successfully defended the
license against challenges in court and, until last year, actively
pursued conveyance of the site from the federal government as
required by law and its contractual obligations to US Ecology.
"Since Governor Davis took office," Lemley explained, "the state has
moved systematically to dismantle years of careful progress to solve
a serious public health problem." "This abrupt policy reversal and
the state's refusal to proceed with acquisition of the Ward Valley
site leaves us no choice but to seek economic recovery and a court
order that California meet its present obligations," Lemley added.
The company's claim includes recovery of costs incurred since 1985,
plus interest and future lost profits for the intended thirty years
of waste burial. "We believe our case is strong and intend to pursue
this legal action with vigor," Lemley stated.
Last week, US Ecology filed the opening brief in its appeal of a
federal District Court ruling on the delayed Ward Valley land sale.
"We believe the Interior Department has an ongoing obligation to
convey the property to California, and that California has a present
duty to demand that they do so," Lemley said. "US Ecology is ready
and able to build and operate the Ward Valley site consistent with
our existing license and the law," he emphasized. Oral arguments in
the federal court action are scheduled in the United States Court of
Appeals for the District of Columbia Circuit this coming September.
American Ecology Corporation, through its subsidiaries, provides low-
level radioactive, PCB, hazardous and non-hazardous waste services to
commercial and government customers throughout the United States. The
company provides scientific solutions that protect people and the
environment from radioactive and hazardous materials. Headquartered
in Boise, Idaho, the Company is the oldest radioactive and hazardous
waste services company in the nation.
This press release may contain forward-looking statements that are
based on our current expectations, beliefs, and assumptions. Actual
results or outcomes may differ materially from what is expressed in
these forward-looking statements. There can be no assurance that
American Ecology will be successful in this, or any, legal
proceeding. American Ecology has no duty or obligation to update any
forward-looking statement made herein. Please refer to American
Ecology Corporation's Report on Form 10-K filed on March 30, 2000
with the Securities and Exchange Commission.
------------------------------------------------------------------------
Sandy Perle Tel:(714) 545-0100 / (800) 548-5100
Director, Technical Extension 2306
ICN Worldwide Dosimetry Division Fax:(714) 668-3149
ICN Biomedicals, Inc. E-Mail: sandyfl@earthlink.net
ICN Plaza, 3300 Hyland Avenue E-Mail: sperle@icnpharm.com
Costa Mesa, CA 92626
Personal Website: http://www.geocities.com/capecanaveral/1205
ICN Worldwide Dosimetry Website: http://www.dosimetry.com
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