Lawyer who led the effort against nuclear dump fired

Thursday, June 15, 2000 | 11:18 a.m.

CARSON CITY -- An attorney in the forefront of the fight against locating a nuclear dump in Nevada has been fired because he criticized the Legislature for not providing enough money.

The Legislative Interim Finance Committee Wednesday voted not to renew Harry Swainston's $16,000 contract with the attorney general's office to help prepare for the legal fight against the federal government.

Swainston worked more than 20 years for the attorney general's office and was the lead attorney in the handful of suits by the state against the federal government over Yucca Mountain. After he retired, he was kept on a retainer as a consultant because of his expert knowledge.

But he ran afoul of Senate Majority Leader Bill Raggio, R-Reno, who complained Swainston wrote a letter "castigating me" for not voting for extra funding for the nuclear waste fight at the 1999 Legislature.

Raggio told Swainston, "I don't appreciate your attitude. You're a poor choice for us to be funding anything."

Swainston replied that he was upset at the time and that the letter was written to the public, not Raggio. "I lobbied you and other legislators. I was upset because it didn't come to a vote," Swainston replied to Raggio, referring to the extra funding for the nuclear waste program.

"I apologize profusely but I can't unring the bell," Swainston said.

Raggio told Swainston that the Legislature approved what was recommended by Gov. Kenny Guinn, which included more than $1.5 million a year for the Agency on Nuclear Projects.

The attorney general's office was before the finance committee to transfer $106,000 in reserve in its budget to pay Swainston and for additional research into the possibility that hydrothermal water has risen periodically in the past from the depths of the earth to near the surface. If true, hot water could flood the underground repository and carry off radioactive materials.

This theory has been espoused by geologist Jerry Szymanski, who worked for the Department of Energy but is now a consultant for the attorney general's office.

Raggio initially wanted to disapprove the full $106,000 transfer.

But Sen. Bob Coffin, D-Las Vegas, said he was worried that "we would hurt the program for one person's intemperate remark. I would hate to see us lose this opportunity to keep this program going."

Coffin suggested legislators who sometimes make comments in the heat of passion could open themselves up to the same criticism.

And Tom Patton, chief assistant attorney general, pleaded with the committee for approval of the money.

Without this research, he said, "We will be hard-pressed to prevail," referring to the proposed state suit. Raggio amended his motion to exclude Swainston from getting any money but allowing $90,000 for continued scientific work.

Patton said Swainston is a useful tool to translate the scientific language for the preparation of the case, which will probably start in 2002. He said Swainston has a "unique background" and bridges the gap between science and law. "He (Swainston) is of high utility to this office," Patton said.

But Raggio said the Szymanski theory is "unproven." Patton disagreed and replied that Szymanski was on "the verge of a breakthrough" that could prove Yucca Mountain unsuitable.

Patton argued that Swainston's use to the state outweighs his "intemperate remark."

The Department of Energy has a legal assistance fund of $16.5 million and the state is the David against Goliath, Patton said.