Environmental groups suing the state of North Dakota in an attempt to vacate newly adopted landfill rules will have their say in court Monday.
The Dakota Resource Council and the North Dakota Energy Industry Waste Coalition argue that the rules should be vacated because the North Dakota Health Council violated state open meeting law during the approval process. Representatives for the two groups will appear Monday before South Central District Judge Thomas Schneider, who will consider the Health Council’s motion to dismiss the case.
Attorney General Wayne Stenehjem in March found that the council violated public-meeting law by only allowing 13 days’ public notice for the August 2015 meeting where the rules were approved. The council, which advises the state Department of Health, should have given three months’ public notice, Stenehejm concluded.
The approved rules boosted radiation-level allowances at state landfills from 5 picocuries per gram of material to 50 picocuries.
“In this case (the Health Council) clearly violated the open meetings law,” North Dakota Energy Industry Waste Coalition Chairman Darrell Dorgan told KFGO radio station last week. “They did not publicize a meeting, which was held, which significantly changed state law in regard to the disposal of radioactive waste.”
