"Bad faith": The unsuccessful attempt to site a low-level radioactive waste disposal facility in Nebraska, 1982-2005

In 1982 Nebraska was one of five states to form the Central Interstate Low Level Radioactive Waste Compact. In 1987 the Compact Commission voted 4- 1 in favor of Nebraska serving as the compact's disposal host. In 1998 state regulators denied US Ecology a license to construct a disposal facility in Boyd County, prompting waste generators and the commission to sue. In 2002 the presiding judge found in favor of the commission, observing that he could not conceive of a stronger case of bad faith in the performance of a contract. This article critically examines that failure, which has left lasting scars among local residents, in order to provide a comprehensive explanation of the siting attempt as well as a set of lessons learned that are applicable to any large infrastructure project that makes use of complex and hazardous technologies.