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Legal Victory for Kebaowek First Nation and Allies vs. Proposed Radioactive Megadump

Federal Court of Appeal Upholds Victory for Kebaowek First Nation and Allies in ”Species at Risk” Case Against Chalk River Nuclear Waste Project

Kebaowek, May 29, 2026 – Kebaowek First Nation, Concerned Citizens of Renfrew County and Area, theCanadian Coalition for Nuclear Responsibility, and Sierra Club Canada Foundation welcome a significantvictory following the decision of the Federal Court of Appeal to dismiss Canadian Nuclear Laboratories’(CNL) appeal regarding the Species at Risk Act permit issued for the proposed Near Surface DisposalFacility (NSDF) at Chalk River. The Court upheld the Federal Court’s earlier ruling and ordered Environmentand Climate Change Canada (ECCC) to reconsider its decision to grant the permit.

The permit would have authorized CNL to destroy endangered species and their habitats in order to construct a massive radioactive waste disposal facility less than 1.1 kilometres from the Ottawa River (Kichi Sibi), a watershed that provides drinking water to millions of Canadians.

In its decision, the Federal Court of Appeal concluded that ECCC failed to adequately explain how it determined that all reasonable alternatives had been considered and that the best solution had been selected, as required under the Species at Risk Act. The Court emphasized that the Minister’s reasons lacked sufficient transparency, intelligibility, and justification, and directed ECCC to conduct a new determination. The Court also confirmed that the Federal Court’s interpretation of section 73 of the Species at Risk Act is not binding on ECCC and that the Minister must independently provide a clear and reasonable analysis when reconsidering the permit application.

Furthermore, the Court found that the public notice issued by ECCC failed to provide a meaningful explanation to Canadians about why endangered species would be unharmed in support of the project.

May 30, 2026 - Posted by Christina Macpherson | Canada, indigenous issues, Legal