Washington State Refuses to Again Extend Hanford Consent Decree Talks

Washington Gov. Jay Inslee announced late last week that he will not extend a deadline requiring continued dispute resolution with the Department of Energy over changes to Hanford’s 2010 court-enforced consent decree. DOE and the state had agreed not to ask a court to intervene on the consent decree at least through Sept. 5 while dispute resolution was underway. It was the second time the state had extended the deadline since triggering dispute resolution in the spring. The consent decree requires at least 40 days of dispute resolution before the issue can be brought before the court. The clock now starts on a 30-day period in which either party may file a motion in Eastern Washington District Federal Court that could put a decision on Hanford cleanup deadlines in the hands of a judge.

The state will continue discussions with DOE as it decides whether to go to court and progress has been made in negotiations, according to the state. DOE agreed late last week in a statement that the additional discussions with the state of Washington have been productive. “Today’s announcement by the state of Washington is not unexpected, and as we continue to work with the state in an effort to reach a workable agreement, the department will continue to evaluate the full range of options for next steps,” the DOE statement said. DOE has proposed setting only nearterm deadlines related to tank waste retrieval and treatment and negotiating longer-term deadlines on a rolling schedule as technical issues are resolved at the Hanford Waste Treatment Plant. The state has proposed a detailed and lengthy list of deadlines to keep construction of the plant and treatment of waste on track. It also wants 8 million gallons of new tank capacity.