The West Firm played a key role in Governor Paterson’s veto of a bill that would have shut down a Brooklyn hazardous and radioactive waste broker with a 40-year history.
The bill, S.1432/A.5176, introduced by Senator Martin Malave-Dilan and Assemblyman Joseph Lentol, would have banned the siting or licensing of radioactive or hazardous waste disposal or transfer stations located within 1500 feet of a public school. The bill was a blatant attempt to shut down Radiac Research Corporation, located about 1000 feet from PS 84 in Brooklyn. In fact, when the bill passed the legislature, Assembly sponsor Joseph Lentol distributed a press release entitled “Legislation to Close Radioactive Waste Site, RADIAC, Next To Elementary School Passes Both Houses.” The press release confirms that it was the intent of the bill to “mak[e] it illegal for Radiac Research Inc. . . . to continue to operate at its current location in North Brooklyn. . . .”
The West Firm mobilized statewide opposition to the bill by other facilities that would be affected, most notably health care facilities, and lobbied the Governor’s Office for a veto. In his veto message, Governor Paterson stated that while he recognizes the sponsors’ “interest in the health and safety of our school children, the language of the bill is deeply flawed, and has the potential to imperil the health and safety of the children we want to protect; as well as other New Yorkers.” He also noted that the bill was intended “to prohibit one specific company - the Radiac Research Corporation - from continuing to operate at the Brooklyn, New York, facility from which it has operated for approximately 40 years”, that “ important medical and research facilities would be significantly impacted by the loss of the critical services provided by Radiac” and that “the regulatory agencies [have advised] that the facility has a good track record, that no major problem has occurred there, and that it does not pose an actual serious health risk. . . .”
The West Firm is pleased to have been part of this successful effort. This legislative effort follows a series of litigation and regulatory victories by Tom West over the years defending Radiac's right to continue to operate at its location in Brooklyn, New York. Click here to view the bill, the sponsor’s memorandum, and the Governor’s veto message.