Missouri AG criticized by political rivals over alleged lack of action on radioactive waste

The three major-party candidates for Missouri attorney general, from left, Will Scharf, Andrew Bailey and Elad Gross (campaign photos).

Missouri Attorney General Andrew Bailey insists his office is working to hold the federal government accountable for the decades-old radioactive waste contamination that plagues the St. Louis area.

“We are fighting to ensure that the federal government protects Missourians from the poison that the federal government injected into the streams and creeks there in eastern Missouri,” he told The Independent.

But the two candidates vying to oust him from the office say Bailey is just the latest in a long line of Missouri officials who have failed the victims who have suffered from the effects of radioactive contamination left in the area since World War II .

Activists tried for months last summer to get Bailey’s help, and “they were met with a closed door,” Will Scharf, who is challenging Bailey in the Aug. 6 GOP primary, told The Independent.

Both Scharf and Elad Gross, the Democrat running for attorney general, say Bailey could be doing much more.

The St. Louis region was pivotal to the development of the world’s first atomic bomb in the 1940s. Uranium refined downtown was used in experiments in Chicago as part of the Manhattan Project.

After the war, dangerous radioactive waste was dumped at the St. Louis airport right next to Coldwater Creek and contaminated the creek water and banks for miles. Generations of families moved into new suburban homes springing up along the creek without knowing the dangers it posed. A federal study shows children who played in its waters face a higher risk of cancer.

The waste sat at the airport for years before it was sold and moved to a property in Hazelwood also adjacent to the creek. A company bought it to extract valuable metals and trucked the remaining waste to the West Lake Landfill in Bridgeton and dumped it illegally. It remains there today.

Officials with the U.S. Army Corps of Engineers are working to clean up the creek, and the Environment Protection Agency is overseeing the cleanup of the landfill.

But after an investigation by The Independent, MuckRock and The Associated Press revealed last summer that the f ederal government knew the waste posed a threat to St. Louis residents years before revealing that to the public, Missouri officials and activists have said the federal government should be held accountable for the damage.

Gross argued Bailey, as the state’s chief attorney, wasn’t doing enough to ensure that happens.

“Our attorney general can sue Joe Biden for everything under the sun,” Gross said during a candidate forum last month, “but he can’t figure out how to sue him to protect Missouri families when we need him the most.”

Gross, who previously worked in the attorney general’s office, said the state should reinstate the environmental division, which was dissolved when Josh Hawley was attorney general in 2017. Bailey should have more attorneys dedicated to investigating nuclear waste and pushing the federal government for better management of the cleanup, Gross said.

If that’s not enough, Gross said, the state should sue the federal government. He pointed to Washington, where the attorney general’s office sued over the slow cleanup at the Hanford nuclear production facility and inadequate protections for workers.

The state previously sued Republic Services, which owns the West Lake Landfill, under former Attorney General Chris Koster over a subsurface smolder in the adjacent Bridgeton Landfill that emitted a foul odor and risked coming into contact with the radioactive waste. It was settled under Hawley.

Bailey said his office has reviewed documents the news organizations used in the investigation last summer and found that they “paint a picture of the federal government poisoning Missourians.” But he thinks there are documents missing.

His office filed a Freedom of Information Act request with the U.S. Department of Energy in March seeking further information. Madeline Sieren, a spokeswoman for Bailey, said the attorney general’s office hasn’t received a response from the Department of Energy.

Those documents, Bailey said, will help determine whether the state should sue the federal government.

Bailey said he’s also supporting Hawley, who now serves in the U.S. Senate, as he seeks compensation for St. Louis residents who have developed cancer following exposure to the radioactive contamination. Hawley sought to add Missouri — along with southwestern states exposed to bomb testing — to the Radiation Exposure Compensation Act. The 35-year-old federal program, however, expired before the U.S. House of Representatives took a vote on extending and expanding it.

Last month, Bailey wrote to the U.S. Army Corps of Engineers, demanding that the agency put up signs along Coldwater Creek, where there is currently no warning that radioactive contamination may be present.

Gross’ criticism, Bailey said, was “an oversimplification and a fundamental misunderstanding of the role of the attorney general’s office.”

“I’m not withholding any tool at our disposal to ensure transparency, accountability and justice for the victims,” Bailey said.

Gross said “writing letters is one thing.“Getting results is something entirely different.”

Scharf called Bailey’s Freedom of Information Act request “a good start” but said he’d like to see if the state could sue the federal government or the private company that dumped waste in the West Lake Landfill.

“My strong suspicion,” Scharf said, “is that there is much more that can be done, from a legal perspective, to vindicate the rights of Missourians…who have been grievously injured by the federal action, federal inaction and the federal cover up here.”

The Independent’s Jason Hancock and Anna Spoerre contributed to this story.

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