New Luxembourg law allows claims over nuclear accidents
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New Luxembourg law allows claims over nuclear accidents, Liability law passed with eyes on nearby Cattenom power plant, which reported more than 40 low-level incidents in 2018, CORDULA SCHNUER, 26.05.2020 Lawmakers passed a new law on Tuesday allowing residents to seek damages for nuclear power accidents, two weeks after the government launched a campaign against nuclear waste storage near its border.Fifty-six out of 60 parliament members voted in favour of the law that will allow victims of a nuclear accident living in Luxembourg up to 30 years to claim damages in one of the Grand Duchy’s courts. …. (subscribers only) https://luxtimes.lu/luxembourg/40796-new-luxembourg-law-allows-claims-over-nuclear-accidents
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Beyond Nuclear opposes Holtec nuclear waste plan: the Nuclear Regulatory Commission is not above the law
Group Plans To Fight Effort To Build Nuclear Waste Dump In New Mexico https://www.krwg.org/post/group-plans-fight-effort-build-nuclear-waste-dump-new-mexico
Beyond Nuclear has challenged the NRC’s authority to approve Holtec’s license application because it contemplates that the U.S. Department of Energy (DOE) may become the owner of the irradiated reactor fuel. The federal Nuclear Waste Policy Act (NWPA) prohibits federal ownership of spent fuel, however, unless and until a federal repository for permanent disposal is operating.
The NRC Commissioners acknowledged that Federal law prohibits federally-sponsored storage of irradiated reactor fuel unless and until a repository for permanent disposal is in operation. Nevertheless the NRC threw out Beyond Nuclear’s legal challenge to the project on the ground that Holtec could be depended on not to implement the unlawful provision if the license were granted.
The Commissioners’ decision affirms an earlier ruling by the NRC’s Atomic Safety and Licensing Board that the storage facility may be licensed despite the illegal license terms contemplating federal ownership of the irradiated fuel. The Licensing Board accepted arguments by Holtec and the NRC’s technical staff that the license containing illegal provisions could be approved as long as it also contained a provision that would allow private ownership of the spent fuel.
Mindy Goldstein, a lawyer for Beyond Nuclear, stated, “the NRC’s decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President.” Goldstein also stated that “the Commission lacks a legal or logical basis for its rationale that the illegal provisions could be ignored in favor of other provisions that are legal, or that an illegal license could be issued in ‘hopes’ that the law might change in the future. The APA gives the NRC no excuse to ignore the mandates of federal law.”
Diane Curran, also a lawyer for Beyond Nuclear, said the group will pursue a federal court appeal of the NRC decision. “Our claim is simple,” she declared. “The NRC is not above the law.”
Kevin Kamps, radioactive waste specialist for Beyond Nuclear, called the federal Nuclear Waste Policy Act “the public’s best protection against an interim storage facility becoming a de facto permanent, national radioactive waste dump at the surface of the Earth.” According to Kamps, “Congress knew, in passing the NWPA, that the only safe long-term strategy for care of irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation.
Congress acted wisely in refusing to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a repository was up and running. The carefully crafted Nuclear Waste Policy Act thus protects a state like New Mexico from being railroaded by the powerful nuclear industry, its friends in the federal government, and other states looking to off-load their mountain of forever deadly high-level radioactive waste.”
Kamps added: “A deep geologic repository for permanent disposal should meet a long list of stringent criteria. These include legality, environmental justice, consent-based siting, scientific suitability, mitigation of transport risks, regional equity, intergenerational equity, and non-proliferation, including a ban on reprocessing. This is why a coalition of more than a thousand environmental, environmental justice, and public interest organizations, representing all 50 states, have opposed the Yucca Mountain dump targeted at Western Shoshone Indian land in Nevada for 33 years.”
“On behalf of our members and supporters in New Mexico, and across the country along the road, rail, and waterway routes in most states, that would be used to haul the high risk, high-level radioactive waste out West, we will appeal the NRC Commissioners’ bad ruling to the federal court,” Kamps added.
Beyond Nuclear is a 501(c)(3) nonprofit membership organization. Beyond Nuclear aims to educate and activate the public about the connections between nuclear power and nuclear weapons and the need to abolish both to safeguard our future. Beyond Nuclear advocates for an energy future that is sustainable, benign and democratic. The Beyond Nuclear team works with diverse partners and allies to provide the public, government officials, and the media with the critical information necessary to move humanity toward a world beyond nuclear. Beyond Nuclear: 7304 Carroll Avenue, #182, Takoma Park, MD 20912. Info@beyondnuclear.org. www.beyondnuclear.org.
Marshall islanders continue their fight for nuclear justice
Fight for nuclear justice continues in the Marshall Islands https://www.rnz.co.nz/international/pacific-news/410871/fight-for-nuclear-justice-continues-in-the-marshall-islands 3 March 2020
The fight for nuclear justice continues in the Marshall Islands where people have been gathering to call for the US to atone for its legacy of testing.The country marked National Nuclear Victims Remembrance Day on Monday, the 64th anniversary of the Castle Bravo hydrogen bomb test that exposed thousands of people to downwind effects.At a ceremony in the capital, Majuro, a tribute was paid to 22 living survivors from the communities affected by the nuclear testing.
This comes as the Marshall Islands and the United States have begun preliminary talks on a new agreement to address the legacy of testing.
The compact of free association, which guarantees relations and funding for the Marshalls from the US, expires in two years.
Last year, it was revealed the US withheld information about nuclear waste it left behind when the Marshalls gained independence, and the extent of the tests it carried out.
Washington previously said there would be no replacement compact. But the chair of the Marshall Islands Nuclear Commission, Rhea Moss-Christian, said nuclear issues were a key, ongoing aspect of negotiations.
“Well we are coming up on renegotiating the economic provisions of the compact, and we’ve had some initial discussions with the US officials.
“So yes internally we are working on our strategy and pulling together all the key issues to include in those negotiations, including the nuclear legacy.”
Ms Moss-Christian, who said formal talks should start later in the year, vowed that the fight for nuclear justice for Marshall Islanders would continue.
“Really it comes down to compensation for loss of land. It’s about health care for those who might be having medical issues,” she said.
“It’s about livelihoods and how much their lifestyles were forced to change when they were moved from their land. These are just a few examples.”
Meanwhile, an essay competition for high schoolers was held as part of Monday’s commemoration programme.
The winner was a senior at Marshall Islands High School on Majuro, Rosie Ammontha, who wrote:
“They had the choice to test those bombs, we didn’t. They had the choice to be truthful about the consequences that awaited us, we didn’t. They had the choice not to endanger innocent lives, we didn’t. They had the choice to help protect our oceans and environment, we didn’t. At the end of the day, nuclear justice means righting what was wronged.”
Algeria and French Polynesia suffer from France’s 30 years of nuclear bomb testing
But Jean-Claude Hervieux has other memories. He joined the French testing efforts in Algeria as an electrician. He remembers a nuclear test in 1962 that did not go according to plan.
Radioactive dust and rock escaped from underground. Hervieux and others observing the testing ran for shelter. Two French ministers were among them. The group washed themselves in a military housing area to decontaminate.
France held more than 200 nuclear tests until a later president, Jacques Chirac, ended testing in 1996. Most tests took place in French Polynesia. But 17 took place in Algeria between 1960 and 1966, ending four years after Algeria’s independence from France.
Brahim Oumansour is a North Africa expert at the French Institute of International Relations in Paris. He said, “It’s part of the whole issue of decolonization and Algerians in general asking for recognition of colonization crimes.” He added that official recognition and financial compensation for the Algerian tests could cost millions of dollars.
Hervieux spent 10 years working on nuclear test areas in Algeria and later French Polynesia. Now 80 and living in France’s Lyon area, he says he is physically fine. But he used to receive some questionable radioactive testing results from the French government……
France’s nuclear compensation commission, CIVEN, said more than 1,600 claims have been filed under a 2010 French law that finally recognized health problems related to the testing.
Only about one-third have met the requirements needed to receive financial benefits. The requirements include about 24 possible radiation-related cancers. Almost all the claims came from France and French Polynesia. Of the 51 claims from Algeria, only one has been compensated…. https://learningenglish.voanews.com/a/questions-remain-as-france-marks-60-years-since-nuclear-tests-/5287541.html
Plutonium-affected U.S. airmen, cancers, deaths, and a new legal ruling
The Palomares disaster occurred on Jan. 17, 1966, when an American B-52 bomber on a Cold War patrol exploded during a midair refueling accident, sending four hydrogen bombs hurtling toward the ground. They were not armed, so there was no nuclear detonation, but the conventional explosives in two of the bombs blew up on impact, scattering pulverized plutonium over a patchwork of farm fields and stucco houses.
Plutonium is extremely toxic, but it often acts slowly. The alpha-particle radiation it gives off travels only a few inches and would not penetrate skin. But inhaled plutonium dust can lodge in the lungs and steadily irradiate surrounding tissue, gradually inflicting damage that can cause cancer and other ailments, sometimes decades later. A single microgram absorbed in the body is enough to be harmful; according to declassified Atomic Energy Commission reports, the bombs that blew apart at Palomares contained more than 3 billion micrograms.
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For Many Who Cleaned Up a Nuclear Mess, a Key Ruling Comes Too Late
Air Force veterans who dealt with a Cold War-era atomic accident in Spain won the right to sue collectively for health benefits — but not before many had lost battles with cancer. https://www.nytimes.com/2020/02/11/us/palomares-air-force-nuclear.html By Dave Philipps SPRINGFIELD, Mo. — On Christmas Eve, Victor Skaar mailed a stack of letters to Air Force veterans he had served with in Palomares, Spain, scrawling a simple headline at the top of each one: “Great News!” Mr. Skaar, a retired chief master sergeant, was one of 1,600 troops scrambled by the Air Force in 1966 to clean up a classified nuclear disaster by collecting debris and shoveling up plutonium-laced soil. Many were later stricken with cancer and other ailments, and tried without success to get the federal government to take responsibility and pay for their medical care. He wanted to spread the word about an encouraging development: A lawsuit he had filed against the Department of Veterans Affairs had been certified as a class action, meaning that there was finally a chance to set the plutonium case straight, not just for him but for everyone who was there. But his letters soon began trickling back to him: Undeliverable. No forwarding address. One brought a reply from a widow. Each one in his mailbox made his heart sink. “For many of them, it’s too late,” he said of his comrades. “They’re gone.” As one of the first cases ever granted class-action status by the Court of Appeals for Veterans Claims, the Skaar lawsuit represents a major step forward for veterans with long-term health issues linked to toxic exposure in the service.
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Six legal arguments against the extradition of Julian Assange to America
Six legal arguments show why the US extradition of Julian Assange should be denied https://www.thecanary.co/uk/analysis/2020/01/25/six-legal-arguments-show-why-the-us-extradition-of-julian-assange-should-be-denied/ Tom Coburg 25th January 2020 The first of two articles examining Julian Assange’s upcoming extradition trial.
There are at least six legal reasons why the extradition request by the US against WikiLeaks founder Julian Assange should be dismissed by the UK courts. The main extradition hearing is scheduled to commence 24 February 2020, with district judge Vanessa Baraitser presiding. The evidence to support Assange is compelling.
1. Client-lawyer confidentiality breached
2. The initial charge is flawed
1. Client-lawyer confidentiality breached
3. Initial charge relies on co-operation from Manning
4. Additional charges raised by the US are political
5. US legal precedent argues that Assange’s work is protected by the US Constitution
6. Threats of violence against Assange mean he’s unable to receive a fair trial
1. Client-lawyer confidentiality breached Continue reading
Japanese High Court rules against nuclear reactor restart
Japan court halts nuclear reactor restart citing volcano, earthquake risks, Channel News Asia. 17 Jan 2020
TOKYO: A Japanese nuclear reactor near a fault line must remain shut because of the risk of its being struck by earthquakes and volcanic eruptions, a high court ordered on Friday (Jan 17).
All nuclear power stations were shut down after the 2011 Fukushima nuclear accident following a catastrophic tsunami, and many remain closed.
The Japanese public has turned against atomic power, despite Prime Minister Shinzo Abe insisting the nation needs nuclear plants to power the world’s third-largest economy, and the court decision was a boost for the country’s anti-nuclear movement.
The move by the Hiroshima High Court reversed a lower court decision in March that would have allowed the reactor at the Ikata nuclear plant in western Japan to resume operations.
The plant’s operator, Shikoku Electric Power, wanted to resume work at the reactor, which had been halted for routine inspections, and said it will appeal the high court’s ruling.
The case was originally lodged by residents of a neighbouring region who complained the utility failed to properly evaluate the risks posed by a local volcano and seismic faultlines……… https://www.channelnewsasia.com/news/asia/japan-court-halts-ikata-nuclear-reactor-restart-volcano-quake-12274482
Israel’s High Court rejects Vanunu’s bid to leave Israel
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Nuclear whistleblower Vanunu denied permission to leave Israel High court rejects petition from man who revealed country’s nuclear secrets in 1986, Irish Times, Mark Weiss in Jerusalem , 16 Dec 19 Israel’s high court has rejected a petition from Mordechai Vanunu, the man who revealed the country’s nuclear secrets to the world in 1986, to be permitted to leave the country. The justices ruled that based on the material shown them, Mr Vanunu possessed secret and sensitive information that he had not revealed and that if he did, this would be dangerous for state security. They also ruled that they had been persuaded that the nuclear whistleblower wished to reveal his information. At the same time, they urged the state to continue to try to find ways to ease Mr Vanunu’s conditions in Israel. For years Mr Vanunu has demanded that Israel rescind his citizenship and allow him to leave the country. Mr Vanunu, a low-level technician at Israel’s Dimona nuclear plant, first hit the headlines in 1986 when he leaked details with photographs he took surreptitiously to the British Sunday Times. The revelations marked the first concrete proof that Israel had the capacity to manufacture nuclear bombs. Nuclear ambiguity’Israel maintains a policy of “nuclear ambiguity”, neither confirming nor denying foreign reports of its nuclear potential. It has refused to sign the nuclear Non-Proliferation Treaty or to allow international surveillance of its Dimona plant in the southern Negev desert. Partly based on the secrets Mr Vanunu revealed, foreign experts have concluded that Israel is the world’s sixth-largest nuclear power……… In 2004 he completed an 18-year sentence, most of which was spent in solitary confinement. However, strict conditions were attached to his release, including a ban on leaving the country, a ban on entering the Palestinian territories and a ban on meeting foreign journalists. Since his release, Mr Vanunu has twice served jail terms after convictions for parole violations. |
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Ohio: the nuclear industry’s violent assault on democracy
Ohio’s GOP secretary of state has now asked the Ohio Supreme Court NOT to provide a federal judge with answers about key procedural questions surrounding the state’s referendum process.
The short-term issue is about a billion-dollar bailout for two nuke reactors and two coal burners.
Long-term it asks whether targeted violence perpetrated by paid thugs will now define our election process. And whether the public referendum will remain a workable part of our democracy.
The battle starts with House Bill 6, the now-infamous billion-dollar nuke bailout approved by the corrupt, gerrymandered Ohio legislature in late July.
HB6 forces all Ohio ratepayers to subsidize two crumbling nukes on Lake Erie, along with two decrepit coal burners, one of them in Indiana. It helps underwrite ten small solar farms, but undercuts much larger subsidies for other wind and solar facilities.
The Perry reactor east of Cleveland, and Davis-Besse near Toledo, are among the world’s most dangerous, decrepit reactors. Both were set to shut because they cannot compete with wind and solar, as well as fracked gas.
But Akron-based FirstEnergy spent millions to “persuade” the legislature to hand them a billion dollars to keep their uncompetitive, uninsured and essentially unregulated reactors on line.
When the bailout passed, a statewide group called Ohioans Against Corporate Bailouts turned in a petition for a repeal referendum on the 2020 ballot. The law allows 90 days for referendum sponsors to gather signatures to get on the ballot. In this case 265,711 would be required.
Ohio’s Attorney General David Yost sat on the request for 19 days, then rejected it. OACB filed a second application, which the AG sat on for another 19 days before approving it.
That left the petitioners just 52 days to gather signatures.
But signature gatherers were immediately attacked with violent threats and bribery offers. In the field, they (and potential signatories) were physically assaulted by “blockers” hired by the nuclear industry. Sworn testimony about these attacks was filmed at a public gathering in Columbus and can be seen here:
https://freepress.org/article/free-press-second-saturday-petition-blockers-threaten-our-democracy
Bailout opponents then went to federal court to ask that the 38 days consumed by the AG be restored to the petition campaign, which came up short at the 90-day deadline. A federal judge asked for guidance from the Ohio Supreme Court and submitted five questions for the Justices to answer.
And here things have leapt to another level. Frank LaRose, the Ohio Secretary of State, has now asked the Ohio Supreme Court NOT to respond to the federal judge’s queries.
In other words: the Republican attorney general killed nearly half the allotted signature gathering time for the repeal of this bailout. A federal judge has asked to hear from the state Supreme Court. And now Ohio’s Republican secretary of state has asked that Court NOT to comply, in a direct attempt to prevent Ohioans from voting on whether they’re to be forced to pay a billion dollar subsidy for two lethal, money losing atomic reactors.
This shocking combination of overt threats, bribery and outright physical violence, combined with judicial stall tactics by elected Ohio officials, breaks new ground in the assault on democracy itself in the American heartland.
The issue cuts to the core of the 2020 election. Donald Trump has met personally with at least one principal lobbyist for FirstEnergy, the prime beneficiary of the bailout. At least one of his associates lobbied at least five legislators in its behalf.
But a statewide referendum for repeal could be catastrophic for the GOP. Polls show more than 60% of Ohioans opposed. That includes much of the normally corporate statewide media. Many big industrial organizations have joined the fossil fuel industry here in fighting it.
If the referendum does get on the 2020 ballot, it will clearly energize a strong progressive voter turnout. Outraged ratepayers could very easily make the difference in a closely divided swing state. So for Trump and his minions, killing a vote on this billion-dollar rip-off is vital.
Their assault must be seen as part of a larger attack on democracy itself. The right to referendum has been established in numerous states for a century or more. That physical violence, choreographed bribery and official legal manipulation would now be used to kill it bodes badly for our future.
From the rise in violent white supremacist bigotry, to unaccountable police murders, to Charlottesville, to the recent attack on Code Pink’s Medea Benjamin to the concerted Republican assault on paper ballots and fair, inclusive voting practices, it’s clear the GOP intends to gut democracy in 2020 and beyond.
This all-out utility and official attack on the referendum process in Ohio has put a billion-dollar price tag on two nukes capable of doing trillions in damage to human health and the eco-systems of the Great Lakes region.
But it also signals a broader war against both democracy and truth, one we must all take very, very seriously.
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Attorney Bob Fitrakis, Ph.D., is publisher of the Columbus Free Press. He’s co-author
Judge declines to stop fuel transfer at San Onofre nuclear plant,
Judge declines to stop fuel transfer at San Onofre nuclear plant,
Environmentalists sought interruption following violations by plant owner Edison, San Diego Union Tribune, By JEFF MCDONALD, NOV. 2, 2019
In a ruling Thursday, Judge Timothy B. Taylor said majority plant owner Southern California Edison was in compliance with a 2017 settlement agreement that requires the utility to make “commercially reasonable” efforts to move the waste……..https://www.sandiegouniontribune.com/news/watchdog/story/2019-11-02/judges-declines-to-stop-fuel-transfer-at-san-onofre-nuclear-plant
Legal action on The Marshall Islands’ leaky radioactive nuclear waste dome?
This Concrete Dome Holds A Leaking Toxic Timebomb | Foreign Correspondent
Leaking nuclear waste dome: Marshalls consider legal action https://www.rnz.co.nz/international/pacific-news/402002/leaking-nuclear-waste-dome-marshalls-consider-legal-action
But according to the Marshall Islands Nuclear Commission, more than 99 per cent of the waste has seeped into the atoll’s lagoon.
Commission’s chair Rhea Moss-Christian said the Marshall Islands was exploring legal remedies to obtain compensation from the US government.
“The political environment is always changing. We don’t know what the future brings. But as a nation that is still dealing with the impacts, we can’t afford to sit back and accept that there’s nothing further that can be done.”
The Runit Dome on Enewetak atoll was used to store radioactive materials left over from US nuclear weapons testing during the 1940s and ’50s.
But according to the Marshall Islands Nuclear Commission, more than 99 per cent of the waste has seeped into the atoll’s lagoon.
Commission’s chair Rhea Moss-Christian said the Marshall Islands was exploring legal remedies to obtain compensation from the US government.
“The political environment is always changing. We don’t know what the future brings. But as a nation that is still dealing with the impacts, we can’t afford to sit back and accept that there’s nothing further that can be done.”
The Pacific Islands Forum Chair, Dame Meg Taylor, has called for an independent audit into the Runit Dome. Her UN counterpart, Antonio Guterres, has also raised concerns about the potential radioactive fallout.
The Nuclear Commission is due to start work in November on an impact study of the dome which will take up to three years.
The commission’s report highlighted a number of ongoing impacts of American nuclear weapons testing, including forced migration and high rates of cancer it said had been exacerbated by US refusal of requests for assistance with cancer treatment facilities.
“The absence of cancer care facilities and its link to forced migration are deplorable, and it means that the violence of the testing program continues despite the cessation of weapons testing,” the report said.
It also called for broader support with compensation for victims of nuclear testing, adding that Marshall Islands officials would raise nuclear justice in all official discussions with the US government.
According to the report, a US-funded Nuclear Claims Tribunal ended payments in 2009, leaving more than $US2.2 billion in unpaid compensation.
The Marshall Islands will also request UN agencies conduct its study of radiation levels in nuclear testing sites and their impact on communities.
Establishing a National Nuclear Archive would also be explored, as well as a memorial or monument “commemorate the hundreds of Marshallese who sacrificed their health and homeland for the U.S. nuclear weapons testing program”.
Ms Moss-Christian said the Marshall Islands’ election to the UN Human Rights Council earlier this month provided a new platform for seeking assistance.
“Compensation is definitely a priority for affected communities. There are also other forms of nuclear justice, and some of those areas are where the UN can step in and provide assistance,” she said.
New legal hearing for opposition to Plant Vogtle nuclear expansion
Lawsuit challenging decision to finish Plant Vogtle nuclear expansion to get new hearing, https://www.bizjournals.com/atlanta/news/2019/10/30/lawsuit-challenging-decision-to-finish-plant.html By Dave Williams – Staff Writer, Atlanta Business Chronicle Oct 30, 2019, A lawsuit challenging the Georgia Public Service Commission’s (PSC) decision to let Georgia Power Co. finish the long-delayed, over-budget Plant Vogtle nuclear expansion is about to get another airing.The Georgia Court of Appeals issued a ruling late Tuesday sending the case back to Fulton County Superior Court, which had dismissed the suit without considering its merits.
The Southern Environmental Law Center and the Barnes Law Group, headed by former Gov. Roy Barnes, filed suit following the December 2017 PSC vote authorizing Atlanta-based Georgia Power to finish building two additional nuclear reactors at the plant south of Augusta, Ga.
The cost of the project has ballooned from $14 billion when it was approved a decade ago to $25 billion. The work has run into numerous delays caused in part by the bankruptcy of Westinghouse Electric Co., the original prime contractor, forcing the schedule for completion to be put back from 2016 and 2017 to 2021 and 2022.
The lawsuit contends opponents should not have to wait until the project is completed to press their claims that the PSC vote was improper. The Court of Appeals returned the case to Fulton County for the lower court to determine whether the groups that filed the suit have demonstrated delaying their appeal until after the project is finished would not provide an adequate remedy.
“We’re glad to have another day in court to show the commission’s decision to continue Plant Vogtle despite dramatic changes to the cost and schedule and increased risk to customers was rushed and procedurally improper,” said Kurt Ebersbach, senior attorney for the Southern Environmental Law Center. “We will make our case that the only way to undo the enormous harm to customers resulting from that decision is for the superior court to hear this case now.”
Georgia Power, a subsidiary of The Southern Co. (NYSE: SO), issued a statement Wednesday defending the PSC’s decision as “well within its authority” and appropriate under the law.
“The recommendation to move forward with the Vogtle project was thoroughly discussed and evaluated through Georgia’s open and transparent regulatory process,” the statement read. “Georgia Power complied with all rules and laws throughout the proceeding, and we strongly disagree with any claims to the contrary.”
While the PSC allowed the Vogtle expansion to continue in its December 2017 vote, commissioners also ordered Georgia Power to absorb some of the cost overruns.
Restriction of defence arguments in the trial of Catholic peace activists
Convicted Anti-Nuclear Activists Speak Out: “Pentagon Has Brainwashed People” https://truthout.org/articles/convicted-anti-nuclear-activists-speak-out-pentagon-has-brainwashed-people/?eType=EmailBlastContent&eId=177551ee-b430-44b8-afe2-cbe78a6a6b09 Marjorie Cohn, Truthout, 28 Oct 19,The seven Catholic peace activists who were convicted on October 24 for their symbolic protest against nuclear weapons at the Kings Bay Naval Base are now facing a two-to-three-month wait to hear their prison sentences. They could face more than 20 years in prison.
“We understand the efficiency of the State is a formidable force, and we ourselves are not surprised with the guilty verdict on all counts,” Hennessy told Truthout. “In a time of withdrawing from nuclear treaties and promoting violence in foreign policy, we are left to wonder what the future may hold for the world.”
Facing a Jury Without Opinions on Nuclear Risks
The jury that convicted the Kings Bay Plowshares 7 activists was self-avowedly apathetic about the risks posed to humanity by nuclear weapons, and the judge and prosecution worked together to prevent the defendants from sharing information or arguments to raise jurors’ consciousness on the issue.
Sam Husseini, communications director at the Institute for Public Accuracy, a progressive nonprofit organization, attended the three-day trial. “It was a subtly but insidiously controlled courtroom with the judge and prosecution working hand in glove,” Husseini told Truthout. “The defendants were allowed to speak about their religious beliefs and to some degree how they relate to nuclear weapons. But it was all presented as subjective, and expert testimony on international law, and justification and necessity of urgent action were excluded.”
The defendants, who said they were following the command of the biblical prophet Isaiah to “beat swords into plowshares,” were denied the right to present the defenses of necessity, which allows one to commit a crime in order to avoid a greater harm. They were also denied the right to discuss the Religious Freedom Restoration Act, which “ensures that interests in religious freedom are protected.” Thus, they were limited to their own testimony about their subjective motivations for their acts.
“Defendants were allowed to briefly discuss their moral objections to nuclear weapons but were cut off quickly. No outside evidence or testimony was allowed,” defense attorney Bill Quigley told Truthout.
Husseini added: “The manner that the judge allowed the case to be made did not make it clear that the house was indeed on fire — or even that there was a house. The reality of the nuclear weapons, the threat they pose, and certainly their illegality, were not objectively communicated” to the jury.
Speaking with Truthout in an exclusive email interview, defendant Patrick O’Neill shared an anecdote that further highlights the degree to which the jury reflected the widespread ignorance about nuclear risks that exists in the U.S. now.
“When Judge Lisa Wood asked the entire jury pool: ‘Do any of you have a strong opinion about nuclear weapons — pro or con, would you raise your hand?’ Of 73 people, not one raised a hand,” O’Neill told Truthout. “That is an indication that people living in the throes of the nuclear age, at 2 minutes to midnight on the Doomsday Clock, have come to see [weapons of mass destruction] as inconsequential — nuclear weapons on hair-trigger alert 24/7 is now a ‘normal’ part of people’s lives.”
O’Neill added, “The Pentagon has brainwashed people to just trust a government that is imperiling the earth and risking the end of life as we know. That’s why we went to Kings Bay — to hopefully wake people up.”
(2) that she sincerely believed and reasonably acted to prevent imminent harm. The Bulletin of Atomic Scientists says the world is closer to nuclear devastation than ever before. President Trump repeatedly declared that “all options are on the table” and threatened North Korea with “fire and fury like the world has never seen.”
(3) that she reasonably believed her action could help to avoid that harm. “Only by symbolically disarming these nuclear weapons is there any hope for real disarmament.”
(4) that she reasonably believed there were no legal alternatives to breaking the law. “Defendants have each spoken, written, prayed, petitioned, and lobbied for nuclear disarmament and peace for decades. These actions are the only ones left which might make a difference.”
Quigley’s brief cited the 2018 Nuclear Posture Review, which would allow the United States to use nuclear weapons in response to a non-nuclear attack. The Doomsday Clock, maintained by the Bulletin of Atomic Scientists, continues to stand at 2 minutes to midnight. The U.S. refuses to join the majority of the nations of the world in ratifying the Treaty on the Prohibition of Nuclear Weapons. Trump withdrew the U.S. from the Iran nuclear deal, and he may well pull out of the New START Treaty as well, “which would leave nuclear weapons free from all controls” Quigley wrote.
Refusal to Allow Expert Testimony on Illegality of Nuclear Weapons“Tellingly,” Quigley wrote, “the Magistrate granted the Government the right to preclude the jury from hearing evidence about nuclear weapons without never once discussing or even acknowledging the uncontested lethality of nuclear weapons.”
Moreover, the judge denied the defense motion to present the expert testimony of Professor Francis Boyle about the illegality of nuclear weapons under both international and U.S. law.
Refusal to Allow Religious Freedom Restoration Act DefenseThe judge also denied the defense motion to argue that the prosecution violated their rights to religious exercise protected by the Religious Freedom Restoration Act (RFRA). Although the judge concluded that the defendants had established the prima facie elements of a RFRA defense, the government demonstrated a compelling interest in prosecuting the defendants for their actions at Kings Bay, citing the safety of individuals on the base, the security of the assets there, and the smooth operation of the base.
The judge also denied the defense motion to argue that the prosecution violated their rights to religious exercise protected by the Religious Freedom Restoration Act (RFRA). Although the judge concluded that the defendants had established the prima facie elements of a RFRA defense, the government demonstrated a compelling interest in prosecuting the defendants for their actions at Kings Bay, citing the safety of individuals on the base, the security of the assets there, and the smooth operation of the base.
Reactions to the Verdict
The Kings Bay Plowshares 7 are asking people to sign a worldwide petition urgently requesting that the charges against them be dropped.
Peace activist and retired Col. Ann Wright summed up the irony of the prosecution of the Kings Bay Plowshares 7, writing on Facebook, “The US nuclear weapons are so poorly protected that the 7 were able to get into the more secure area! They should be rewarded for pointing out how poorly guarded the weapons are instead of being on trial!!!”
“I don’t see [what I did] that’s the crime,” defendant Liz McAlister said on Democracy Now! “I think the crime is the weapons. The crime is the money spent on the weapons. The crime is the money taken from the real needs in our country and in our world to spend it on these weapons of mass destruction. And we need to stop that. And that’s the message that I want to continue to stand behind.”
Meanwhile, defense attorney Quigley told Truthout that he thinks the verdict will “make convictions easier and defenses harder” in the future.
“If the jury would have heard the facts about the nuclear bombs headquartered at Kings Bay — with 3,800 times the destructive power of Hiroshima and the real possibility of ending all life on the planet — they would probably have come to a different decision about the legality of what these courageous people did,” he said.
Group Opposed to Nuclear Bailout Turns to Courts After Petition Drive Fails
Ohioans Against Corporate Bailouts says they didn’t have enough signatures to qualify for a referendum by the deadline.
The group’s Gene Pierce says their referendum drive has been met with heavy opposition, including ads, mailers, and canvassers who allegedly blocked and harassed signature collectors.
“The bottom line is that the smear campaign and the lies and deceit of the House Bill 6 supporters were successful in confusing Ohioans and discouraging them from signing our petition,” Pierce said.
The anti-nuclear bailout group is still hoping a federal court will extend the deadline to collect signatures based on their arguments that they’ve faced unconstitutional hurdles.
“We’re very disappointed we couldn’t put an immediate stay on the very bad bill from going into effect but we’re hoping that the courts will recognize the constitutional rights that we have,” Pierce said.
Jury finds Catholic anti nuclear activists guilty on all charges
The seven defendants, known together as the Kings Bay Plowshares 7, are Elizabeth McAlister, 79; Jesuit Fr. Stephen Kelly, 70; Martha Hennessy, 64; Patrick O’Neill, 63; Clare Grady, 60; Mark Colville, 58; and Carmen Trotta, 57. Five of the seven — all but Hennessy and McAlister — represented themselves.
Bill Quigley, who represented McAlister and is a law professor at Loyola University New Orleans, said in a statement outside the courthouse that it was an “honor to be with these seven brave, courageous, faithful people.”
“They have told the truth despite the cost. They have taken their actions despite the risks. And they still have more consequences to go in their efforts to try and save all of our lives, and the lives of all of our children and grandchildren, and the lives of everybody around the world,” Quigley said.
The group was arrested in the early morning hours of April 5, 2018, on Kings Bay Naval Base where they broke in to perform a non-violent protest known as a “plowshares action,” taking its name from a verse in the book of Isaiah that says “nations will beat swords into plowshares.” The protest included symbolically hammering on statues of nuclear missiles, pouring human blood around the base and hanging banners with messages denouncing nuclear weapons.
In August 2019, a federal judge denied the activists’ request to dismiss charges under the Religious Freedom Restoration Act
During the trial, O’Neill told the jury that a dramatic protest was necessary to alert the world to the dangers of nuclear weapons.
Evidence presented by the prosecution suggested the protestors did a total of around $30,000 worth of damage to government property.
Following the verdict, the defendants remained positive and continued to pronounce their message of peace as they gathered with friends and family at a press conference outside the courthouse. They thanked their supporters, told stories, sang hymns and even danced around the sidewalk to profess their continued belief in their mission.
“It’s been an incredible experience and it’s not over yet,” said Hennessy. “The efficiency of the state can never be underestimated yet we proceed in humility. The weapons are still there, the treaties are being knocked down one after the next, but we are called to keep trying and we will do this together. We have no other choice.”
Judge Lisa Godbey Wood, who tried the case, ruled Oct. 18 that the defendants would not be allowed to bring in expert witnesses to speak to the dangers of nuclear weapons or the motivations of the defendants.
owever, following the verdict, O’Neill expressed gratitude that he and his co-defendants were able to testify about their beliefs concerning the immorality of nuclear weapons.
“I think collectively we said what needed to be said,” O’Neill said.
With the exception of Kelly — who remains in custody for outstanding charges in another state — all defendants were allowed to leave the courthouse on bond while they await their sentencing hearing.
Multiple defendants, all of whom are white, connected their case to issues with the criminal justice system and mass incarceration.
“The Pentagon has many installations and we just walked out of one of them,” said Colville. “It’s a place where they weaponize the law and they wield it mostly against the poor. … Once in a while people of privilege like us get a taste of it, and when we do, we should hear the word ‘guilty’ as a blessing on us because it gives us an opportunity to stand with people who hear ‘guilty’ all the time, every day.”
After the verdict was announced, Wood told the defendants they have 14 days to file a motion for a new trial, acquittal or any other motion they see fit.
[Jesse Remedios is an NCR Bertelesen intern. His email address is jremedios@ncronline.org.]
1.This Month
COVID Infects World Nuclear Plants
https://www.ecoshock.org/2020/05/covid
–infects-world-nuclear-plants.html
Demand Justice for Nuclear Frontline Communities in COVID-19 Stimulus
https://www.change.org/p/release-julian-assange-from-belmarsh-prison-before-covid-19-spreads
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