LINCOLN, NEB. ? Former Gov. Ben Nelson purposely submarined plans to build a waste dump for low-level radioactive waste in Nebraska, a federal judge ruled Monday and ordered the state to pay $151 million in damages.

U.S. District Judge Richard Kopf said Nelson, now a U.S. senator, and the state acted in bad faith in refusing to license the facility, which was to hold waste from Nebraska, Kansas, Arkansas, Louisiana and Oklahoma.

“Governor Nelson, either directly or through his subordinates, influenced the process in order to fulfill a campaign promise, which required that the license be denied without regard to the technical merits,” Kopf said.

Gov. Mike Johanns said the state would appeal the ruling to the 8th U.S Circuit Court of Appeals.

The battle had its genesis in 1970, when Nevada, South Carolina and Washington grew tired of accepting low-level radioactive waste from the rest of the country.

Congress told states in 1980 to build their own dumps or join regional groups to dispose of the waste, which includes contaminated tools and clothing from nuclear power plants, hospitals and research centers.

Nebraska joined Kansas, Oklahoma, Arkansas and Louisiana in 1983 to form the Central Interstate Low-level Radioactive Waste Compact. The other states voted in 1987 to put the dump in Nebraska.