Supreme Court Rules Against Hanford Worker Protection Law

WASHINGTON, D.C. — The Supreme Court this week ruled against a recently-passed Washington state law designed to enshrine worker protections for employees at the Hanford Nuclear Site.

The protections in question were passed by the Washington State Legislature in 2018 with strong bipartisan support, and designed to make it easier for Hanford workers to access their medical benefits. The law was updated as recently as this year, when lawmakers passed SB 5890, which clarified and strengthened several protections outlined in the law.

The Trump administration challenged the law in December 2018, and though the law was upheld by the U.S. District Court for the Eastern District of Washington and the Ninth Circuit Court of Appeals, where it lay until last September, when the Biden administration took up the charge, appealing the decision once again. Attorney General Bob Ferguson says he tried to convince the Biden administration to turn course, but to no avail. The Biden admin continued to push the issue, and now the Supreme Court has overturned the law.

While it is a loss for Washington state, it will not harm workers directly, says Ferguson, because 2022's SB 5890 remains in effect.

“Because the legislature already fixed the issues the federal government raised, there is little practical impact in Washington as a result of this ruling,” Ferguson said. “Hanford workers, and all others working with dangerous radioactive waste, remain protected. The federal government has not challenged this new law. If they do, we will defend these protections all the way back up to the Supreme Court again if we have to. As long as I’m Attorney General, I will fight for Hanford workers.”

SB 5890 includes several changes to the original legislation, including that it applies protections equally to state and private employees alike. The Biden Administration has not challenged its legality, and Ferguson's office says it does not appear the admin will go after it in the future.

Ensuring that Hanford workers can easily access their medical benefits is a high priority for Ferguson, because Hanford's nuclear waste workers are often exposed to toxic vapors which can cause harmful medical conditions, including cancer. Back in 2018, Ferguson won $925,000 from the federal government to improve the safety conditions at the nuclear site.

The Hanford Site is a decommissioned nuclear production complex along the Columbia River in Benton County. It employs about 400 people, crews who have been working to clear the site since 1989.