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Superior Court Denies State Motion to Dismiss American Ecology's Ward Valley Case; Hearing Set to Resolve Remaining Pre-Trial Issues, Trial Scheduled for January 17, 2003.


Business Editors, Legal Writers

BOISE, Idaho--(BUSINESS WIRE)--Dec. 23, 2002

Steve Romano, President and Chief Executive Officer of American Ecology Corporation (Nasdaq:ECOL ECOL es.comp.os.linux.* (newsgroups)
ECOL Emmanuel Church of Lakewood (San Francisco, CA) 
), today announced that California Superior Court Judge E. Mac Amos, Jr. has denied a State of California motion for summary adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case.  of US Ecology's promissory estoppel and declaratory relief claims against the State in the Ward Valley case, clearing the way for trial.

US Ecology Inc. is seeking more than $162 million in development expenses, interest, and other damages from the State for, among other things, abandoning its efforts to purchase the Ward Valley low-level radioactive waste Noun 1. low-level radioactive waste - (medicine) radioactive waste consisting of objects that have been briefly exposed to radioactivity (as in certain medical tests)  ("LLRW LLRW Low-Level Radioactive Waste ") disposal site from the federal government.

The final order was entered by the California Superior Court for the County of San Diego on December 20, 2002. The order also set a January 3, 2003 date to hear arguments on a pending State motion seeking to protect from disclosure documents it contends are privileged, and on whether to allow depositions of high ranking State officials. Trial is currently scheduled to begin in San Diego on January 17, 2003.

The Court's ruling noted the existence of "triable tri·a·ble  
adj.
1. Capable of being tried or tested: a triable plan.

2. Law Subject to judicial examination: a triable case.
 issues of material fact."

"We are pleased with the Superior Court's timely order," Romano stated, adding "we believe we have a strong claim against the State of California, and look forward to the opportunity to present our case at trial."

American Ecology Corporation, through its subsidiaries, provides radioactive, PCB PCB: see polychlorinated biphenyl.
PCB
 in full polychlorinated biphenyl

Any of a class of highly stable organic compounds prepared by the reaction of chlorine with biphenyl, a two-ring compound.
, hazardous and non-hazardous waste services to commercial and government customers throughout the United States, such as nuclear power plants, steel mills, medical and academic institutions and petro-chemical facilities. Headquartered in Boise, Idaho, the Company is the oldest radioactive and hazardous waste services Company in the United States.

This press release contains forward-looking statements that are based on our current expectations, beliefs, and assumptions about the pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. Actual results may differ materially from what is expressed herein and no assurance can be given that the company can generate future earnings, or prevail in this or other pending litigation. For information on factors that could cause actual results to differ from expectations, please refer to American Ecology Corporation's Report on Form 10-K filed with the Securities and Exchange Commission.
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Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Dec 23, 2002
Words:364
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