Legal challenge to UK nuclear plan by groups Stop Sizewell C and Together Against Sizewell C (TASC), and others
Campaigners against Sizewell C say they will not give up their fight to stop the nuclear power project and now have a date for a High Court case in London. The next stage of the legal challenge against the plans for the £25billion power station is set to take place with an oral hearing before a judge.
Campaign groups, including Stop Sizewell C and Together Against Sizewell C (TASC), have pledged to fight despite chancellor Jeremy Hunt announcing in his Autumn Budget that the Government would continue to provide £700m towards the cost of the project.
Chris Wilson, legal liaison officer with TASC, said the oral hearing would be held on December 14, during which the campaigners’ barrister will be able to present their arguments against the project before a High Court judge. If the judge deems there’s a case, the next stage will be a formal judicial review hearing
before the High Court, which could result in the development consent for the nuclear power station, granted by the Government in July, being overturned.
Even if the legal challenge is rejected at the oral hearing, the campaigners will still have the option of going to appeal. A first stage review of the legal appeal by the High Court initially recommended refusal, but the next stage, the oral hearing, will determine whether the challenge goes to a formal judicial review hearing.
East Anglian Daily Times 27th Nov 2022
https://www.eadt.co.uk/news/23151541.sizewell-campaigners-not-giving-up-despite-budget-decision/
Mayor of Ukraine’s second-largest city fined for speaking Russian
The Kharkov city head has been accused of violating the law by addressing his fellow residents in a “non-state” language.
https://www.rt.com/russia/567137-ukraine-mayor-fined-russian-language/ 24 Nov 22
Kiev has slapped the mayor of Ukraine’s second largest city, Kharkov, with a fine for using what the authorities called a “non-state” language in an official TV address. Mayor Igor Terekhov is known for addressing his fellow residents in Russian.
Terekhov will have to pay a fine of 3,400 hryvnas ($92) for violating Ukrainian law, Taras Kremin, the Ukrainian government’s commissioner for the protection of the state language, said in a statement on Thursday.
The mayor had “used non-state language in his addresses to the residents of the city of Kharkov” during a news telethon, the statement read, calling this an “administrative offense.” The language commissioner’s office also issued an administrative warning to the mayor’s office, telling it to only use Ukrainian on the mayor’s social media pages.
Terekhov has until December 4 to appeal the commissioner’s decision, the statement read. The Ukrainian authorities did not specify what language the mayor had used during the telethon, but the Ukrainian media reported that he was known for regularly addressing his fellow residents in Russian.
According to the language commissioner’s office, Terekhov and some Kharkov city council members have already been found in violation of the state language law. It is unclear if they were sanctioned back then as well.
The Ukrainian state language law was signed by then-President Pyotr Poroshenko back in 2019, five days before his presidential mandate expired. The legislation requires Ukrainian public officials to use only the Ukrainian language when discharging their duties.
Ukrainians are also required to use the Ukrainian language in the fields of public services, medical care, education and science, as well as in the media, although certain exceptions are allowed. A person found in violation of this law might face a fine of up to 8,500 hryvnas ($230), which can be further doubled for a repeated offense.
In mid-June, the language commissioner was granted the right to impose fines on those found in violation of the law. In October, an assistant professor at the Ukrainian National Aviation University was slapped with a fine of 3,400 hryvnas ($92) for teaching through a “non-state language.”
Nuclear Industry Liability under the Paris Convention
The Paris Convention on Third Party Liability in the Field of Nuclear
Energy and the Brussels Convention supplementary to the Paris Convention
established a special legal regime in relation to the compensation payable
in the event of an accident involving a civil nuclear power installation or
the transportation of nuclear substances to and from that installation.
Unlike general tort law, which is based on fault or negligence, under the
convention, the plant operator or party involved in the transportation is
exclusively liable for damages in the event of an accident and is always
deemed to be liable, regardless of whether fault can be established.
These two conventions were amended by agreement between the contracting powers,
including the United Kingdom, on 17 December 2021. After 1 January 2022,
nuclear plant operators became liable to pay compensation of up to €700
million in the event of an accident.
This level of liability will be increased by €100 million in each of the next five years leading to an
ultimate maximum liability of €1.2 billion towards claims involving
‘personal injury or loss of life, economic loss, the cost of preventive
measures and of measures of reinstatement of impaired environment’.
NFLA 21st Nov 2022
A Father Fights for His Son & What’s Left of Democracy
The film Ithaka, about the quest of Julian Assange’s father to save his son, makes its U.S. premiere on Sunday in New York City. It is reviewed by Joe Lauria.
By Joe Lauria
Special to Consortium News
To the extent that the media has covered the tragedy of Julian Assange at all, the focus has been on politics and the law.
Consortium News, which has provided perhaps the most comprehensive coverage of the prosecution under the Espionage Act of the WikiLeaks publisher, has also focused more on the case and less on the man.
The great issues involved transcend the individual: war, diplomacy, official deception, high crimes, an assault on press freedom and on the core of what little democracy is left in a militarized and money-corrupted system.
Assange supporters sometimes also overlook the person and concentrate instead on the larger issues at stake. Ironically, it has been Assange’s enemies and detractors who’ve long focused on the person in the worst tradition of ad hominem assaults.
He has been attacked to deflect public attention from what WikiLeaks has revealed, from what the state is doing to him and to hide the impact on freedom in the media and standards in the courtroom.
There has been a steady and organized stream of smears against Assange, from ridiculous stories about him smearing feces on Ecuadoran Embassy walls to the widely reported falsehood that he was charged with rape. That case was dropped three times before any charges were filed, but the “rape” smear persists.
These personal attacks were planned as far back as March 8, 2008 when a secret, 32-page document from the Cyber Counterintelligence Assessment branch of the Pentagon described in detail the importance of destroying the “feeling of trust that is WikiLeaks’ center of gravity.” The leaked document, which was published by WikiLeaks itself, said: “This would be achieved with threats of exposure and criminal prosecution and an unrelenting assault on reputation.”
An answer to these slurs and the missing focus on Assange as a man is Ithaka. The film, which makes its U.S. premiere Sunday night in New York, focuses on the struggle of Assange’s father, John Shipton, and his wife, Stella Assange, to free him.
f you are looking for a film more fully explaining the legal and political complexities of the case and its background, this is not the movie to see. The Spanish film, Hacking Justice, will give you that, as well as the more concise exposition in the brilliant documentary, The War on Journalism, by Juan Passarelli.
Ithaka, directed by Ben Lawrence and produced by Assange’s brother, Gabriel Shipton, humanizes Assange and reveals the impact his ordeal has had on the people closest to him.
The title comes from the poem of that name by C.P. Cavafy (read here by Sean Connery) about the pathos of an uncertain journey. It reflects Shipton’s travels throughout Europe and the U.S. in defense of his son, arguably the most consequential journalist of his generation.
The story begins with Shipton arriving in London to see his son for the first time behind bars after the publisher’s rights of asylum were lifted by a new Ecuadoran government leading to him being carried out of the embassy by London police in April 2019.
“The story is that I am attempting in my own … modest way to get Julian out of the shit,” Shipton says. “What does it involve? Traipsing around Europe, building up coalitions of friendship.” He meets with parliamentarians, the media and supporters across the continent. Shipton describes the journey as the “difficulty of destiny over the ease of narrative.”……………………………
We learn that Julian Assange’s frustration with the inability to stop the 2003 Iraq invasion, despite the largest, worldwide anti-war protests in history, motivated him to start WikiLeaks.
The releases he published about the Iraq and Afghanistan wars, leaked by Army intelligence analyst Chelsea Manning, were published not only by WikiLeaks but by its partners at The New York Times, Die Spiegel and The Guardian, yet only Assange has been prosecuted.
The main focus of the film is the extradition hearing in Westminster Magistrate’s Court that began in February 2020 and ended in September of that year…………………………
One of several scenes that drives home the personal side of the story is audio of Assange speaking from Belmarsh Prison to Stella about what children’s books to read to their two sons. The toll it is taking on her is seen as she breaks down emotionally during the recording of a BBC interview that has to be paused.
“Extraditions are 99 percent politics and one percent law,” Stella says. “It is entirely the political climate around the case that decides the outcome. And that is shaped by the media. For many years there was a climate that was deliberately created through false stories, smears; through a kind of relentless character attack on Julian to reduce that support and make it more likely to successfully extradite him to the United States.”
“This is the public narrative that has been spread in the media for ten years,’ Nils Melzer, the now former U.N. Special rapporteur on torture, says in the film.
“No one has been able to see how much deception there is. Why is this being done? For ten years all of us were focused only on Julian Assange, when he never wanted it to be about him. It never was about him. It was about the States and their war crimes and their corruption. That’s what he wanted to put a spotlight on – and he did. And that’s what made them angry. So they put the spotlight on him.”
“He just needs to be treated like a human being,” says Stella, “and be allowed to be a human being and not denied his dignity and his humanity, which is what has been done to him.”
Ithaka makes its first theatrical showing in the U.S. at the SVA Cinema, 333 W. 23rd St, New York, N.Y., on Sunday, Nov. 13, at 7:45 pm. There will be a Q&A following the first screening with Ben Lawrence, Gabriel Shipton, Adrian Devant, cinematographer Niels Ladefoged, and John Shipton.
For ticket information: https://docnyc.net/film/ithaka/ https://consortiumnews.com/2022/11/11/a-father-fights-for-his-son-whats-left-of-democracy/
Maryland Nuclear Engineer and Wife Sentenced for Espionage-Related Offenses
A Maryland man and his wife were sentenced today for conspiracy to communicate Restricted Data related to the design of nuclear-powered warships.
USA Department of Justice, 9 Nov 22.
Jonathan Toebbe, 44, of Annapolis, was sentenced today to 232 months, over 19 years, of incarceration. His wife, Diana Toebbe, 46, was sentenced to 262 months, more than 21 years, of incarceration. The Toebbes pleaded guilty to the conspiracy in August 2022.
…………………………………. According to court documents, at the time of his arrest, Jonathan Toebbe was an employee of the Department of the Navy who served as a nuclear engineer and was assigned to the Naval Nuclear Propulsion Program, also known as Naval Reactors. He held an active national security clearance through the Department of Defense, giving him access to “Restricted Data” within the meaning of the Atomic Energy Act. Restricted Data concerns design, manufacture or utilization of atomic weapons, or production of Special Nuclear Material (SNM), or use of SNM in the production of energy – such as naval reactors. Jonathan Toebbe worked with and had access to information concerning naval nuclear propulsion including information related to military sensitive design elements, operating parameters and performance characteristics of the reactors for nuclear powered warships.
According to court documents, Jonathan Toebbe sent a package to a foreign government, listing a return address in Pittsburgh, Pennsylvania, containing a sample of Restricted Data and instructions for establishing a covert relationship to purchase additional Restricted Data. Jonathan Toebbe began corresponding via encrypted email with an individual whom he believed to be a representative of the foreign government. The individual was really an undercover FBI agent. Jonathan Toebbe continued this correspondence for several months, which led to an agreement to sell Restricted Data in exchange for thousands of dollars in cryptocurrency.
On June 8, 2021, the undercover agent sent $10,000 in cryptocurrency to Jonathan Toebbe as “good faith” payment. Shortly afterwards, on June 26, Jonathan Toebbe serviced a dead drop by placing an SD card, which was concealed within half a peanut butter sandwich and contained military sensitive design elements relating to submarine nuclear reactors, at a pre-arranged location. After retrieving the SD card, the undercover agent sent Jonathan Toebbe a $20,000 cryptocurrency payment. In return, Jonathan Toebbe emailed the undercover agent a decryption key for the SD Card. A review of the SD card revealed that it contained Restricted Data related to submarine nuclear reactors. On Aug. 28, 2021, Jonathan Toebbe made another “dead drop” of an SD card in eastern Virginia, this time concealing the card in a chewing gum package. After making a payment to Jonathan Toebbe of $70,000 in cryptocurrency, the FBI received a decryption key for the card. It, too, contained Restricted Data related to submarine nuclear reactors. The FBI arrested Jonathan Toebbe and his wife on Oct. 9, 2021 after he placed yet another SD card at a pre-arranged “dead drop” at a second location in West Virginia.
The FBI and NCIS are investigating the case……. https://www.justice.gov/opa/pr/maryland-nuclear-engineer-and-wife-sentenced-espionage-related-offenses
Together Against Sizewell and other groups to fight on, despite legal setback
Campaigners have pledged to fight on after the High Court rejected their
appeal against the Government’s decision to approve the new Sizewell C
nuclear power station. Together Against Sizewell C (TASC) and other
campaign groups are seeking an oral hearing through the judicial review
process after an initial assessment by the legal authority deemed the
appeal should be rejected.
The review of the approval had been sought on
the grounds that the decision was unlawful amid concerns about the
maintenance of a water supply to the new £20bn station and the resilience
of the coastline. The provision of fresh water to the site was one of the
key issues raised by the Planning Inspectorate when considering the plans.
TASC chair Pete Wilkinson described the rejection verdict as ‘predictable
and wholly unreasonable,’ adding there appeared to be a ‘presumption’
that judicial reviews should be dismissed rather than used as a forum for
democracy.
East Anglian Daily Times 28th Oct 2022
https://www.eadt.co.uk/news/23082932.high-court-rejects-sizewell-legal-challenge/
Meetings scheduled on compensation for Utah’s ‘downwinders’ affected by nuclear testing
https://www.thespectrum.com/story/news/2022/10/24/meetings-scheduled-compensation-utahs-nuclear-downwinders/10588294002/ David DeMille, St. George Spectrum & Daily News,
Southern Utah’s thousands of “downwinders” — people whose families suffered high rates of cancer attributed to U.S. nuclear weapons testing in the Nevada desert in the 1950s and ’60s — could be eligible for federal compensation.
An estimated 60,000 people were exposed to radioactive fallout in southern Utah during the testing programs that took place at the Nevada Test Site, where nuclear weapons were tested and much of the radiation was sent “downwind” to the east via the prevailing winds.
For years, the federal government has issued money to those affected via the Radiation Exposure Compensation Act, which was set to expire this summer but was extended by Congress for another two years.
Qualifying downwinders, or spouses and/or children of deceased loved ones, may apply for up to $50,000 in compensation.
To help residents learn more about the program and whether they may be eligible for some of the compensation funds, St. George area medical officials are set to host a series of meetings this week in rural communities. Representatives from Intermountain Healthcare are also taking questions via phone from anyone interested.
The act allows qualifying downwinders to receive a one-time payout of $50,000, said Becky Barlow, project director and nurse practitioner at the Radiation Exposure Screening and Education Program (RESEP) Clinic at Intermountain St. George Regional Hospital. Test site workers can apply for $75,000, and certain uranium workers can apply for $100,000.
“We are pleased that the president and Congress would continue to support downwinders and uranium workers that were unknowingly exposed because of nuclear testing or jobs in uranium mining and refinement,” Barlow said.
Applications and information are available by calling 435-251-4760.
The Radiation Exposure Compensation Act was first passed in 1990 as an alternative to costly litigation to ensure the federal government met its financial responsibilities to workers who became sick as a result of the radiation hazards of their jobs. Coverage was broadened a decade later.
There was some question about whether the program might end this year, but the two-year extension takes it through summer 2024. It also covers some different cancers and includes different stipulations, so people who were denied in past attempts might be eligible under the new rules.
If possible, the Department of Justice prefers to award the money directly to the person impacted by the testing. However, if that person is already deceased, their legal spouse can apply for the money, and in some cases the person’s children or grandchildren can also apply.
“If you had a family member impacted and you don’t know if they filed, you can contact us to check,” Barlow said.
Anyone with questions regarding the Radiation Exposure Compensation Act, or in need of screenings, should call 435-251-4670.
David DeMille writes about southwestern Utah for The Spectrum & Daily News, a USA TODAY Network newsroom based in St. George. Follow him at @SpectrumDeMille or contact him at ddemille@thespectrum.com.
‘Whistleblower’ says legal battle with nuclear site owners ‘almost broke me’
A consultant who claims she was dismissed by Sellafield for exposing failures to address a “toxic” working culture has been granted an appeal against her employment tribunal loss.
Yorkshire Post, By Nathan Hyde, 23 Oct 22,
Equality and diversity consultant Alison McDermott said her contract at the nuclear processing plant ended after she wrote a damning “whistleblowing” report about the human resources (HR) leadership team, claiming they had failed to address complaints about bullying and harassment.
After refusing a £160,000 settlement, she took her case to an employment tribunal. But Employment Judge Philip Lancaster dismissed her claim and ruled she was not a whistleblower, following a hearing in Leeds.
She was then ordered to pay £40,000 to help cover the legal costs of Sellafield Ltd and its parent company – the Nuclear Decommissioning Authority.
Ms McDermott, from Burley in Wharfedale, has been granted an appeal and she is now raising money to cover her legal costs, ahead of the next hearing in January.
Her legal team have challenged the ruling, but also criticised the judge for refusing to look at the alleged “toxic culture” at Sellafield and alleged failure of the HR team. They said this provides vital context, as it explains Ms McDermott’s decision to become a whistleblower.
“I am doing everything I can because I’m really concerned about what’s going on at Sellafield,” she said………………………………
Ms McDermott signed a two-day-a-week contract with Sellafield Ltd to work as a consultant in equality and diversity at the nuclear fuel reprocessing and decommissioning site in September 2018.
After taking on the role, looked into allegations of sexual harrasment and homophobic abuse.
She also recieved an anonymous letter claiming “serious problems” about sexual harassment “are being ignored”.
The following month, she compiled a report on the HR leadership team, saying they were viewed as “broken and dysfunctional”
by some staff and failing to effectively deal with allegations of harassment and bullying.
Shortly after filing the report, she was told her £1,500-a-day contract would be terminated due to “funding constraints”.
But during the tribunal, Sellafield’s lawyers said it was because the report, which had cost around £12,000, was “questionable and insubstantial” and “lacked any meaningful analysis”.
According to the ruling, the judge accepted the funding constraints excuse was used to allow Ms McDermott to leave “with her head held high”.
He ruled she was not a whistleblower, because she could not make any “disclosures” which are protected under UK employment law.
Sellafield Ltd, which has previously stated it is committed to eradicating bullying and harassment, has been approached for comment. https://www.yorkshirepost.co.uk/news/people/whistleblower-says-legal-battle-with-nuclear-site-owners-almost-broke-me-3889870
EU Taxonomy Labelling Gas and Nuclear as ‘Green’ Faces Legal Challenges
Activists and environmental organisations immediately opposed the decision, saying the new law discredits EU efforts to establish itself as a global leader on climate policy and only risks delaying Europe’s transition to a net-zero economy by further encouraging investments in the fossil fuel industry.
In September, Greenpeace and a separate alliance of environmental groups, including Client Earth and the World Wildlife Fund (WWF), requested a legal review of the decision. Austria’s recent lawsuit is now adding to the legal challenges the European Commission is already facing.
https://earth.org/eu-taxonomy-legal-challenges/ MARTINA IGINIE OCT 13TH 2022
Austria has filed a lawsuit against the European Commission’s decision to label nuclear and gas as ‘green’ investments. The controversial EU taxonomy approved by the European Parliament in July is already facing two other legal challenges from environmental groups.
On Friday, Austria submitted a lawsuit to the Court of the European Union, asking for an overturn of the contentious EU taxonomy.
Approved in July, the legal text designated natural gas and nuclear as environmentally sustainable energy sources, encouraging investments in these energy sources. Under the EU taxonomy, new nuclear and gas-fired plants built through 2030 will be recognised as a transitional energy source as long as they are used to replace dirtier fossil fuels such as oil and coal.
The country’s minister for climate action and Green politician, Leonore Gewessler, described the EU’s decision as “irresponsible” and “unreasonable” and said it was “misleading” to consumers and investors to label gas – a fossil fuel responsible for climate change for its greenhouse gas emissions – as “green”.
However, Brussels reassured that gas and nuclear-related activities may be labeled as “green” only if they meet certain criteria. Particularly, the legal text specifies that gas projects should only be financed if direct emissions are kept under a maximum cap and they switch to fully renewable energy by 2035. Similarly, nuclear power may be funded only in compliance with certain standards for the disposal of radioactive waste.
Activists and environmental organisations immediately opposed the decision, saying the new law discredits EU efforts to establish itself as a global leader on climate policy and only risks delaying Europe’s transition to a net-zero economy by further encouraging investments in the fossil fuel industry.
In September, Greenpeace and a separate alliance of environmental groups, including Client Earth and the World Wildlife Fund (WWF), requested a legal review of the decision. Austria’s recent lawsuit is now adding to the legal challenges the European Commission is already facing.
Despite not joining the legal action, Germany supported the country’s decision to file a lawsuit, adding that “it is good that the objections to the taxonomy regulation will now be reviewed by the courts.”
Austria Sues EU Executive Over Green Label for Gas, Nuclear
https://www.voanews.com/a/austria-sues-eu-executive-over-green-label-for-gas-nuclear-/6784510.html BERLIN — 10 Oct 22,
The Austrian government said Monday it has filed a legal complaint with the European Union’s top court over plans by the bloc’s executive branch to label natural gas and nuclear power generation as sustainable energies.
Austria’s environment minister, Leonore Gewessler, warned that the measure could “greenwash” nuclear power and gas despite the environmental damage they cause.
Another EU member, Luxembourg, announced later that it would stand by Austria in the legal case, adding more political weight to the move.
The EU’s executive Commission plans to add certain nuclear and gas plants next year to a list that helps investors determine which projects are sustainable.
Gewessler said the disasters in Chernobyl in Ukraine and Fukushima in Japan have showed that nuclear power plants come with “incalculable risks.” Meanwhile, the burning of natural gas, a fossil fuel, adds greenhouse gas emissions to the atmosphere, stoking climate change.
A dozen environmental groups have already launched legal challenges to the Commission’s plans, backed by the bloc’s lawmakers in July.
Austria’s environment minister, Leonore Gewessler, warned that the measure could “greenwash” nuclear power and gas despite the environmental damage they cause.
Another EU member, Luxembourg, announced later that it would stand by Austria in the legal case, adding more political weight to the move.
Austria has filed a legal case against European Union’s inclusion of nuclear and gas as “clean” in the EU “taxonomy”
Staunchly anti-nuclear Austria said on Friday it had followed through on a
pledge to file a legal challenge to the European Union’s inclusion of
natural gas and nuclear energy in a list of “green” investments. At issue
is the European Union’s so-called taxonomy, a rulebook defining which
investments can be labelled climate friendly and designed to guide
investors toward green projects that will help deliver the bloc’s
emissions-cutting targets.
Reuters 7th Oct 2022
Marshall Islands to receive U.N. support over nuclear legacy
https://english.kyodonews.net/news/2022/10/e2a640256da0-marshall-islands-to-receive-un-support-over-nuclear-legacy.html KYODO NEWS -8 Oct 22,
The U.N. Human Rights Council adopted a resolution Friday aimed at assisting the Marshall Islands in its efforts to secure justice for people suffering from the impact of the United States’ former nuclear testing program in its territory.
“We have suffered the cancer of the nuclear legacy for far too long and we need to find a way forward to a better future for our people,” Samuel Lanwi, deputy permanent representative of the Republic of the Marshall Islands in Geneva told the body in an emotional speech.
The United States conducted dozens of nuclear weapons tests in the islands of the Pacific state in the 1940s and ’50s, including the 1954 Castle Bravo test at Bikini Atoll, the biggest U.S. bomb ever detonated.
The text tabled by five Pacific Island states — the Marshall Islands, Fiji, Nauru, Samoa and Vanuatu — was backed by Australia and did not demand reparations.
It called on the U.N. rights chief to submit a report in September 2024 on the challenges to the enjoyment of human rights by the Marshallese people stemming from the nuclear legacy.
The United States as well as other nuclear weapons states such as Britain, India and Pakistan expressed concern about some aspects of the text but did not ask for a vote on the motion. Japan did not speak at the meeting.
The Marshallese people are still struggling with the health and environmental consequences of the nuclear tests, including higher cancer rates. Many people displaced due to the tests are still unable to return home.
A concrete dome on Runit Island containing radioactive waste is of particular concern, especially in relation to rising sea levels as a result of climate change, according to the countries that drafted the resolution.
The Marshall Islands says a settlement reached in 1986 with the United States fell short of addressing the extensive environmental and health damage that resulted from the tests.
The U.S. government asserts the bilateral agreement settled “all claims, past, present and future,” including nuclear compensation.
Observers say some nuclear states fear the initiative for the Marshall Islands could open the door to other countries bringing similar issues to the rights body.
Maryland couple pleads guilty to selling nuclear-related secrets
The couple was charged with selling nuclear information to a foreign country.
abc news, By Aaron Katersky and Luke Barr, September 28, 2022,
Jonathan and Diana Toebbe pleaded guilty for a second time on Tuesday to federal charges that they tried to sell secrets about U.S. submarine nuclear propulsion systems to a foreign country.
The couple originally pleaded guilty in February but a judge threw out the plea agreements last month after deciding the sentences called for were too low……………………………………………….
The new plea agreement appeared to call for a sentence of about 12 years in prison, four times as long as Diana Toebbe’s prior agreement. Magistrate Judge Robert Trumble accepted her plea but noted a different judge would determine whether the new sentencing terms were sufficient.
Jonathan Toebbe, 43, also pleaded guilty to a single count of conspiring to communicate restricted data pursuant to an agreement that calls for a sentence of up to 17 years in prison. https://abcnews.go.com/Politics/maryland-couple-pleads-guilty-selling-nuclear-related-secrets/story?id=90581860
NuScale Faces Class Action Lawsuit Brought by Former Employees
https://www.wweek.com/news/courts/2022/09/20/nuscale-faces-class-action-lawsuit-lawsuit-brought-by-former-employees/ By Lucas Manfield, September 20, 2022
Former employees of NuScale, a Tigard company that designs nuclear reactors, have filed suit in U.S. District Court in Portland, alleging the company denied them $100 million in proceeds when it went public earlier this year.
NuScale began trading under the ticker symbol SMR after a merger with a Special Purpose Acquisition Company in May. It was valued at nearly $1.9 billion, thanks to its innovative nuclear reactor design, which was recently greenlit by the U.S. Nuclear Regulatory Commission. The company emerged from research at Oregon State University.
The lawsuit is being brought by 13 former employees who allege that the company diluted the value of their stock without their approval using an “unlawful amendment” to an agreement between them and company. It’s similar to a lawsuit filed earlier this year, before NuScale went public, but this version is a class action on behalf of at least 600 shareholders.
They’re asking for $200 million in damages, along with the return of the money lost in the dilution.
After nearly going broke, NuScale’s founders sold a majority of the company to the Texas-based multinational conglomerate Fluor Corporation for $3.5 million in 2011. Fluor is named as a defendant in the lawsuit.
“They’re screwing the employees of the company,” says Timothy DeJong of the Stoll Berne law firm, who represents the former employees, most of whom were once NuScale executives.
NuScale released a statement to WW saying the “claims are without merit” and promised to defend itself in “the appropriate forum.” Fluor did not immediately respond to a request for comment.
Watchdog sues nuclear agency over Los Alamos National Laboratory evaluations
https://www.santafenewmexican.com/news/local_news/watchdog-sues-nuclear-agency-over-los-alamos-national-laboratory-evaluations/article_718dfd52-3550-11ed-b9d9-9329cbe2ad1f.html By Scott Wyland swyland@sfnewmexican.com Sep 17, 2022
A New Mexico watchdog group is suing the federal agency that oversees the nation’s nuclear weapons programs for issuing only summaries of its yearly report cards on national laboratories and withholding what the group contends is vital information on deficiencies.
The lawsuit seeks to compel the National Nuclear Security Administration to post in its public reading room the complete report cards for the eight national laboratories involved in nuclear weapons — ones it has withheld in the past and all future assessments.
Allowing the public to see, in particular, the full report on Los Alamos National Laboratory’s shortcomings is increasingly important as the lab gears up to make 30 plutonium bomb cores a year with an escalating federal budget, Jay Coghlan, executive director of Nuclear Watch New Mexico, said in a statement.
The National Nuclear Security Administration’s yearly report cards assess the performances of contracted lab operators and award bonuses to the organizations based on their grades in a process that is not classified, Coghlan argued.
“Nevertheless, NNSA seeks to hide how taxpayers’ money is spent from the public, issuing only terse three-page summaries instead of the full and complete reports,” he said in the statement.
The agency has a policy of not commenting on active litigation.
Coghlan said an example of why the full assessment is necessary is a note on last year’s report for the Los Alamos lab saying it had struggled with some production activities and experienced several challenges carrying out the plutonium mission, and “mission execution was impacted by lapses in safety performance.”
No further explanation was provided in the summary report, he said.
Despite this criticism, the lab’s primary contractor, Triad National Security LLC, received 87.3 percent of the highest possible score, earning it a $22.78 million bonus.
This isn’t the first lawsuit the group has filed over the issue.
Nuclear Watch sued in 2012 to obtain the full reports, prompting the agency to release them every year, Coghlan said.
But in 2019, the agency went back to issuing only summaries and didn’t respond to a request through the Freedom of Information Act for complete reports, he said.
Coghlan contends the agency has become more opaque as it pursues pit production.
“It’s crucial that citizens have full and complete information on how their taxpayer dollars are being spent as the world enters a new and more dangerous nuclear arms race,” he said.
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