By James Clark - email
LUBBOCK, TX (KCBD) - A judge might have exceeded his authority when he took action to stop radioactive waste from being stored within a two-hour drive of Lubbock. At least, that's what the Texas Attorney General argues in court records.
Last week State District Judge Don Wisser put a temporary restraining order on the Texas Low Level Radio Active Waste Disposal Compact Commission. But now the A.G.'s office demands an emergency hearing to get that order lifted. That hearing is scheduled for Monday afternoon.
The newest court records point out a technicality in the law. The Commission can only be sued in federal court, not state court. Any lawsuit or court order "... contesting any action of the commission shall be in the United States District Court in the district where the commission maintains its office."
If the state court's restraining order is overturned then the Commission will meet Tuesday and consider new rules to allow radio-active waste from 36 states to be dumped in Andrews County.
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