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Lawsuit looks to force nuclear regulator to turn over records from San Onofre ‘near-miss’ incident

Lawsuit looks to force nuclear regulator to turn over records from San Onofre ‘near-miss’ incident,  August 2018 “near-miss” saw a 50-ton canister of nuclear waste left suspended for 45 minutes. San Diego Union TribuneBY ROB NIKOLEWSKIJAN. 24, 2022  A lawsuit filed in U.S. District Court seeks to force the Nuclear Regulatory Commission to hand over unredacted documents regarding an incident in August 2018 when a 50-ton canister filled with nuclear waste from the San Onofre Nuclear Generating Station was left suspended for about 45 minutes.

“The information sought will show the extent to which the NRC has colluded with the utilities it is supposed to regulate so as to prevent the disclosure of on-going safety violations and whether the NRC failed to take the necessary steps to enforce safety regulations at the nuclear site,” said the complaint filed by San Diego attorney Michael Aguirre.

An NRC spokesman said the agency does not comment on pending legalmatters.

At issue are 13 pages of records concerning what happened on Aug. 3, 2018, at the San Onofre Nuclear Generating Station, known as SONGS for short, operated by Southern California Edison……………………………..ore https://www.sandiegouniontribune.com/business/story/2022-01-24/lawsuit-looks-to-force-nuclear-regulator-to-turn-over-redactions-from-san-onofre-incident#:~:text=A%20lawsuit%20filed%20in%20U.S

January 27, 2022 Posted by | Legal, USA | Leave a comment

Canada’s nuclear waste body ousted liaison officer for being ‘too much on the side of the community,’ lawsuit claims

Paul Austin, 62, was NWMO’s relationship manager in South Bruce, Ont., for 9 years,    Colin Butler · CBC News ·: Jan 24, 2022   A former employee of the Nuclear Waste Management Organization (NWMO) is suing the Canadian agency for $320,000, claiming he was “publicly humiliated” when he was constructively dismissed for being “too much on the side of the community.” 

The NWMO is a non-profit agency funded by the nuclear industry. Its goal is to find a willing host community for the country’s growing stockpile of nuclear waste.

Currently, the agency is considering the Ontario communities of Ignace and South Bruce for a proposed deep geological repository, a sprawling $23-billion catacomb that would one day act as the tomb for Canada’s 3.3 million bundles of spent nuclear fuel that are currently in interim storage. 

In South Bruce, the agency has been accused by a citizens’ group of using its financial might to groom the declining farm community into becoming a willing host for a nuclear waste storage site. The NWMO has told CBC News it only wants to leave “a positive legacy” in the community to make South Bruce a better place, regardless of its decision. 

Now, in a lawsuit filed in a Toronto court in August, Paul Austin alleges he was constructively dismissed by the NWMO for being “too much on the side of the community.”

None of the allegations have been tested in court.

Agency became ‘overinvolved,’ doc says

Austin, 62, was a relationship manager for the NWMO in South Bruce from May 2012 until he considered himself to be constructively dismissed in August 2021, according to court filings. 

His job, says the statement of claim, was to be the “primary contact’ with the NWMO in South Bruce, acting as a “trusted adviser, co-ordinator of resources” and “guide” to local town and band council officials “through the siting process.”

Court filings for the plaintiff said senior leaders within the NWMO started to become “overly involved” on a local level in the summer of 2020, undermining Austin’s work.

When community leaders in South Bruce complained, one executive told Austin he was “too much on the side of the community,” that its leadership “lacked the capacity to understand” the nuclear waste site selection process and “were damaging their chances at being selected as host for the project,” according to the lawsuit.

At one point, the statement of claim says, Austin was told by a senior executive that “if community leaders didn’t change their ways, he would stop defending South Bruce to the NWMO president and other vice-presidents, and ‘let the project go to Ignace.'”

Austin could ‘simply quit if he wanted to’

In the fall of 2020, the court documents claim, Austin started to lose many of his key responsibilities, and leadership started ignoring his advice and excluding him from phone calls with community leaders in South Bruce. 

The NWMO also created a position for a new “site director” who would “basically be the face of the NWMO in the community” and would take over many of the responsibilities of a relationship manager, according to the statement of claim. 

The agency further eroded Austin’s responsibilities in the spring of 2021, the court documents allege, overriding and rejecting some of his decisions when it came to community engagement. 

When Austin complained to his boss and human resources about the change in his role and responsibilities in July 2021, court documents said he was told by the NWMO that it felt no changes had occurred and he could “simply quit if he wanted to.” 

Austin claims dismissal ‘publicly humiliated’ him

At the same time, community leaders in South Bruce began asking questions about why Austin had been sidelined from his roles and responsibilities in the community, court documents said. 

When Austin reported the community feedback to his bosses, Austin was accused of being “arbitrary, discourteous and inaccurate in his accounting of the facts,” the claim says.  

In August 2021, Austin advised the NWMO through his lawyer “he considered himself constructively dismissed” effective Aug. 17 that year. 

Austin claims the NWMO’s actions were “harsh, vindictive, reprehensible and malicious,” and the organization’s actions have caused him to be “publicly humiliated” and and suffer “mental distress.” 

Court documents say Austin is asking for wrongful dismissal damages of $270,000, with another $50,000 in punitive and moral damages. …………………..   https://www.cbc.ca/news/canada/london/nwmo-lawsuit-1.6320277

January 25, 2022 Posted by | Canada, Legal | Leave a comment

Largest increase in the UK nuclear liability regime for 50 years 

Largest increase in the UK nuclear liability regime for 50 years take, https://www.jdsupra.com/legalnews/largest-increase-in-the-uk-nuclear-6038616/, 21 Jan 22,  As we flagged last year in this note, the 2004 Protocols updating the Paris Convention and Brussels Convention have finally been ratified. This is likely the biggest increase in the international nuclear liability regime for decades, and has global impact.

In the UK this means that the Nuclear Installations (Liability for Damage) Order 2016 came into effect on 1 January 2022. This immediately increases the liability cap of nuclear operators in the UK from £140m to €700m (approx. £585m), with those caps increasing annually over the next five years to €1.2bn (approx. £1bn). The UK also now has a new operator duty of care not to cause significant impairment to the environment, new categories of compensation for which an operator will be liable (including loss of profit in some instances), and material extensions to the geographical scope covered by the regime (e.g. now including the Republic of Ireland).

The extension of the limitation period for personal injury to 30 years from the date of the incident is likely the one with the largest impact after it became clear last year that insurance would not be available to cover the full period, at least for the time being. The UK Government instead stepping in and indemnifying operators to cover the insurance gap using the powers granted to the Secretary of State under the amended Nuclear Installations Act 1965.

Similar changes to the liability regime in certain other European and Scandinavian signatory countries should also have taken effect.

Please see our detailed note on the topic here for further information.

[View source.]

January 22, 2022 Posted by | Legal, Reference, UK | Leave a comment

Hinkley Point mud dredging and dumping plan faces a legal challenge

Hinkley Point dredging plan for Portishead faces legal challenge. Plans to
dump hundreds of thousands of tonnes of sediment from Hinkley Point into
the Bristol Channel at Portishead face a legal challenge.

Environmental groups represented by Tarian Hafren say the Marine Management Organisation
unlawfully varied EDF Energy’s licence to deposit dredged material at the
Severn Estuary Marine Protection Area. The disposal site is close to
Portbury Wharf Salt Marsh, a Site of Special Scientific Interest and part
of the Severn Estuary Special Protection Area. Tarian Hafren argues that
the MMO did not have the statutory power to change the licence for dredging
to include dumping, did not give adequate reasons for doing so, failed to
examine the potential impact of the dredging on marine life, and ignored a
less harmful method of waste disposal.

High Court judge Beverley Lang ruled
that the grounds for a judicial review are arguable and the claim will be
heard this spring. Cian Ciaran for Tarian Hafren said: “The Welsh
National Marine Plan accepts no dumping in the Welsh half of the estuary,
but the Welsh authorities failed to press MMO to comply on the English
side. “As Geiger Bay, we established at court in 2018 that the Welsh
authorities were wrong to license dumping near Cardiff. Let’s now compel
the MMO to respect the protected status that’s needed for both fish
stocks and wildlife.”

 Somerset Live 20th Jan 2022

https://www.somersetlive.co.uk/news/hinkley-point-dredging-plan-portishead-6514361

January 22, 2022 Posted by | Legal, UK | Leave a comment

Class action suit against Tokyo Electric Power Company Holdings Inc. (TEPCO) by 6 thyroid cancer sufferers

6 people to sue TEPCO over thyroid cancer after Fukushima nuclear disaster

January 21, 2022 (Mainichi Japan)    TOKYO — A group of six young men and women is set to file a class action suit against Tokyo Electric Power Company Holdings Inc. (TEPCO) claiming that they developed thyroid cancer due to exposure to radiation emanating from the Fukushima nuclear disaster, and demand the utility pay a total of 616 million yen (about $5.4 million) in compensation.

It will be the first group lawsuit in Japan by those who were minors at the time of the 2011 nuclear disaster and have since been diagnosed with thyroid cancer.

The plaintiffs, now aged between 17 and 27, were living in Fukushima Prefecture when the nuclear meltdowns occurred at the Fukushima Daiichi Nuclear Power Station in March 2011, and developed thyroid cancer after the disaster. They are filing the damages suit with the Tokyo District Court on Jan. 27, according to the legal counsel for the plaintiffs who revealed the plan at a press conference on Jan. 19.

An expert investigation committee set up by the Fukushima Prefectural Government has not recognized the causal relationship between radiation exposure from the Fukushima disaster and thyroid cancer, and whether there is such a correlation could be the focal issue in the lawsuit.

The six plaintiffs were aged between 6 and 16 at the time of the nuclear disaster. They were diagnosed with thyroid cancer between 2012 and 2018. Two of them had one side of their thyroid removed, while the other four had their thyroid fully extracted and need to take hormonal drugs for the rest of their lives. One of the patients had cancer spread to their lungs. Some of them currently reside in Tokyo and Kanagawa Prefecture………

According to the legal counsel, the cancer discovery rate in the Fukushima Prefecture survey stands several tens of times higher than usual. While the prefectural government points to the possibility of “overdiagnosis” through which many cancer cases requiring no treatment have been found, the plaintiffs’ cancer has actually progressed, the legal team asserted. The lawyers argue that none of the six plaintiffs’ cancer is hereditary, and that it is extremely highly likely that they developed their conditions due to the nuclear disaster.

In past pollution lawsuits including those over Minamata disease, there is a court precedent in which the company responsible for the pollution was ruled liable for compensation unless it could prove there was no causal relationship between the contamination and the plaintiffs’ diseases. The attorneys for the upcoming lawsuit claim that this decision could also be applied to nuclear plant accidents and that TEPCO should bear the burden of proving the absence of a causal link between radiation exposure and thyroid cancer.

Kenichi Ido, head of the legal counsel, commented, “Some plaintiffs have had difficulties advancing to higher education and finding jobs, and even given up on their dreams for their future.”…………….    (Japanese original by Kazuhiro Toyama, Tokyo City News Department)  https://mainichi.jp/english/articles/20220121/p2a/00m/0na/018000c

January 22, 2022 Posted by | health, Legal | Leave a comment

Missouri Bill to honour nuclear veterans


Bob Bromley Bill seeks to honor veterans of the Nuclear Age,  
https://www.fourstateshomepage.com/news/local-news/bob-bromley-bill-seeks-to-honor-veterans-of-the-nuclear-age/ by: Gretchen Bolander Jan 17, 2022   JASPER COUNTY, Mo. — It’s been decades since the US entered the Nuclear Age, but a southwest Missouri lawmaker says it’s never too late to recognize the sacrifice made through the Atomic Program.

State Representative Bob Bromley of Carl Junction is part of an effort that’s underway to recognize the military veterans associated with the US Atomic Program.

“I think every time we get the opportunity to thank them we should. Because once they’re gone, they’re gone,” said Jim Beeler, military supporter.

Jim Beeler says it’s important to thank any vet for their service, and today, especially those who were a part of the US Atomic Program.

“It’s nice to see someone recognize that.”

State Rep. Bob Bromley is sponsoring House Bill 1652 which would designate a section of Highway 171 as “Atomic Veterans Memorial Highway.” Bromley says it’s important to recognize the role these veterans played in the 1940s, 50s, and 60s, and the potential toll to their health after being exposed to radiation.

“There were 23 different types of cancers that develop with a lot of these veterans. And they were not eligible with their medical records and everything to get compensation,” said MO Rep. Bob Bromley, R.

Often tied to the top secret nature of the work. It took decades to change that.

“Some of them did not get compensated for their cancers and different things that was caused by this exposure to radiation ’til the mid 90s. And so it’s just very important to understand the sacrifice and the contribution that all these veterans made.”

The bill has already gone before the Veterans Committee and is expected to see an initial vote this week. Missouri is just one of a list of states considering this measure to recognize Atomic Veterans.

January 18, 2022 Posted by | health, Legal, USA, weapons and war | Leave a comment

Is US extradition inevitable for Julian Assange? | The Stream

Aljazeera English, 14 January 2022, It’s been more than a decade since the website WikiLeaks released hundreds of thousands of classified documents and videos – some of which revealed possible US war crimes. Now WikiLeaks founder Julian Assange has one more chance to appeal a UK ruling that would allow him to be extradited to the US.

Last month, a UK High Court ruled that Assange could be extradited to the US to face charges of hacking and violating the US Espionage Act. The ruling goes against a lower court that previously said harsh US prison conditions would endanger Assange given his worsening mental and physical health.

Assange’s legal team has since filed an appeal to Britain’s Supreme Court, but in order for the appeal to be considered, it must be deemed of “general public importance”.

n 2019, the Trump administration indicted Assange for violating the US Espionage Act on counts related to the WikiLeaks release of secret US military documents and diplomatic cables. The US argues the release of classified information put the lives of American allies in danger.

Twenty-four civil liberties and press freedom groups, including the ACLU, Human Rights Watch, PEN America and Reporters Without Borders have called on the Biden administration to stop its prosecution against Assange. In a joint letter to the US Justice Department, they argue that Assange’s prosecution could set a precedent that would harm press freedom and the safety of journalists reporting on national security issues.

Assange spent seven years in refuge at the Ecuadorian Embassy in London and was eventually arrested in 2019. Last week, Assange’s supporters marked his 1,000th day of imprisonment at London’s Belmarsh high security prison.

In this episode of The Stream, we’ll discuss the outlook for Assange’s case and its broader implications for press freedom worldwide.

January 14, 2022 Posted by | civil liberties, Legal, media | Leave a comment

Claim that EDF contract for nuclear emergency generators was rigged.

The contract for nuclear emergency generators was rigged, according to a former EDF top executive. This is what he told the judge of the financial investigations division who is investigating the matter. GRAND SLAM for EDF!

Not only do the emergency generators installed last year on some of the nuclear power plants catch fire when they are started, and not only has the national group had to compensate its supplier, Westinghouse, in secret, to the tune of 110 million euros (“Le Canard”, 8/12 and 15/12), but the contract is also said to have been rigged!

Be that as it may, this is what a former member of EDF’s procurement staff told the French National Financial Division in a statement. The latter is investigating the complaint for favouritism filed by an unsuccessful bidder, which has been joined by Greenpeace. Contacted on Monday, EDF’s management had not responded at the time the “Le Canard” went to press.

Le Canard Enchaine 22nd Dec 2021

https://www.lecanardenchaine.fr/

January 13, 2022 Posted by | France, Legal, secrets,lies and civil liberties | Leave a comment

Texas ‘downwinders’ should be eligible for nuclear radiation compensation, advocates say

Texas ‘downwinders’ should be eligible for nuclear radiation compensation, advocates say, TEXAS STANDARD,  By Michael Marks. January 12, 2022

Congress is considering a bill to pay more people who were harmed by nuclear development, but the legislation still excludes some Texans who saw fallout firsthand.

A bill to compensate more people who were harmed by U.S. nuclear development is moving through Congress. But advocates say that it still leaves out people who were affected by nuclear radiation.

Under proposed amendments to the Radiation Exposure Compensation Act, eligible people would get $150,000 from the federal government. That includes uranium miners from Texas, but not “downwinders”: people who lived down wind from nuclear test sites.

Istra Fuhrmann is a nuclear policy advocate for the Friends Committee on National Legislation. She spoke to the Texas Standard about the bill and its provisions…………………….  https://www.texasstandard.org/stories/texas-downwinders-should-be-eligible-for-nuclear-radiation-compensation-advocates-say/

January 13, 2022 Posted by | health, Legal, USA | Leave a comment

Legal case over compensation for workers in ”uniquely dangerous” nuclear sites

High Court Takes Up Nuclear Site Workers’ Compensation Case (1)  https://news.bloomberglaw.com/daily-labor-report/high-court-takes-up-washington-workers-compensation-challenge
Jan. 11, 202  

  • 9th Cir. upheld change to state workers’ compensation law
  • U.S. government warns of costly consequences for contracts

The U.S. Supreme Court will consider the federal government’s challenge to a Washington state workers’ compensation law in a case that could have costly consequences for U.S. government contracts involving hazardous work on federal property.

The justices agreed Monday to review a U.S. Court of Appeals for the Ninth Circuit decision upholding a Washington law that presumes certain worker health conditions linked to cleanup work at the Hanford Site, a decommissioned federal nuclear production complex, are occupational diseases that can trigger workers’ compensation benefits.

The Department of Energy since 1989 has overseen cleanup at the Hanford Site, which produced weapons-grade plutonium for use in the U.S. nuclear program during World War II and the Cold War. The cleanup of the Hanford site is expected to continue over the next six decades and involve roughly 400 department employees and 10,000 contractors and subcontractors.

In 2018, Washington lawmakers passed legislation, HB 1723, that amended the state’s workers’ compensation law exclusive to the Hanford site, covering at least 100,000 current and former federal contract workers who performed services there over the past 80 years. The law states that presumed occupational diseases stemming from work at Hanford should trigger benefits eligibility, including cancers and other respiratory diseases.

The federal government argued the law exposes government contractors, and by extension the United States, to “massive new costs” that similarly situated state and private employers don’t incur

‘Uniquely Dangerous Workplace’

The Justice Department had asked the Supreme Court to take up the case, arguing the 2018 law discriminated against the United States and that state law shouldn’t apply to federal contract workers at Hanford. The government warned that the logic applied by a panel of Ninth Circuit judges opened the door to other states passing legislation targeting work at federal facilities.

“Congress did not permit States to adopt laws that impose unique burdens on the United States and the firms that it engages to carry out federal functions,” Justice Department attorneys argued. “The practical consequences of the panel’s mistake are far-reaching. Even if the Hanford site is considered in isolation, the decision is likely to cost the United States tens of millions of dollars annually for the remainder of the 21st century.”

Attorneys for Washington state, however, responded that courts have allowed states to regulate workers’ compensation for injuries or illnesses suffered during work on federal land. They argued Washington state has “long tailored its workers’ compensation laws to the dangers faced by particular employees,” noting statutes that protect firefighters and other workers facing special hazards.


“Hanford is a uniquely dangerous workplace, filled with radioactive and toxic chemicals, and private contractors operating there have routinely failed to provide employees with protective equipment and to monitor their exposures to toxic substances,” they argued.

Justice Department attorneys also argued the Ninth Circuit ruling clashed with Supreme Court precedent in a 1988 decision, Goodyear Atomic Corp. v. Miller, which described a similar situation of a state workers’ compensation award for an employee injured at a federally owned facility.

The full Ninth Circuit previously declined to take up the case, and said the Washington law fell properly within a part of federal law that authorizes states to apply their workers’ compensation laws to federal projects.

In a dissent to the Ninth Circuit’s denial of a rehearing, Judge Daniel P. Collins wrote that the panel’s decision clashed with high court precedent, calling it an “egregious error” that would have sweeping consequences.

The U.S. Solicitor General’s office represents the federal government. The Washington Attorney General’s office is defending the state law.

The case is U.S. v. Washington, U.S., No. 21-404, cert granted 1/10/22.

To contact the reporter on this story: Erin Mulvaney in Washington at emulvaney@bloomberglaw.com

To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; John Lauinger at jlauinger@bloomberglaw.com; Andrew Harris at aharris@bloomberglaw.com

January 11, 2022 Posted by | employment, health, Legal, USA | Leave a comment

Dangerous Diablo Canyon nuclear power plant, and incompetent Pacific Gas and Electric Co.

Nuclear energy backers say it’s vital for the fight against global warming. Don’t be so sure, Los Angeles Times,  BY MICHAEL HILTZIKBUSINESS COLUMNIST , JAN. 6, 2022  

”……………………………………. Diablo Canyon, which is on the Pacific shoreline about 250 miles south of San Francisco and 190 miles north of Los Angeles, was the third location chosen by Pacific Gas & Electric Co. for a nuclear generating plant starting in the early 1960s.

The previous choices were abandoned because they were judged too close to active earthquake faults — even though PG&E initially asserted in both cases that no faults were nearby. The company then turned to Diablo Canyon, again asserting that there were no active faults within about 20 miles of the site.

As it eventually emerged, there are at least four major active faults within that range, prompting David Brower, the first executive director of the Sierra Club and the founder of Friends of the Earth, to jokingly describe nuclear reactors as “complex technological devices for locating earthquake faults.” (It was the Sierra Club’s endorsement of Diablo Canyon that prompted Brower to resign and form Friends of the Earth.)

With every discovery of a new fault in Diablo Canyon’s vicinity, PG&E minimized the threat and persuaded the Nuclear Regulatory Commission, the federal regulator responsible for licensing nuclear plants, to go along.

The NRC’s decision in 1981 to allow construction to proceed after a fault discovery without reexamining the plant’s seismic engineering provoked two commissioners, Peter A. Bradford and Victor Gilinsky, to issue a blistering dissent.

They described the confidence of two NRC advisory boards in the utility’s reassurances as “almost mystical,” and charged that the boards’ rationales for accepting PG&E’s arguments as evidence that neither board “had any idea what it was talking about.”

Then there’s PG&E’s atrocious safety record, which should curdle the blood at the thought of leaving the plant under its control. The company’s consistent failures include the 2010 pipeline explosion that killed eight and leveled an entire residential neighborhood in San Bruno.

PG&E’s equipment sparked more than 1,500 fires from 2014 through 2017, according to state records. In 2020, it pleaded guilty to 84 counts of criminal manslaughter related to the 2018 wildfire that all but destroyed the town of Paradise and ranks as the deadliest blaze in California history.

In September, the company was charged with 11 felonies and 20 misdemeanor counts related to what Shasta County Dist. Atty. Stephanie Bridgett called its “reckless and criminally negligent” operations, resulting in the deaths of four people. (“My co-workers are not criminals,” PG&E Chief Executive Patti Poppe said after the charges were unveiled. “We welcome our day in court so people can learn just that.”)

As recently as Tuesday, California state investigators concluded that a PG&E power line sparked last year’s massive Dixie fire, which burned more than 960,000 acres in five Northern California counties. The investigators referred the case to local criminal prosecutors.

“PG&E seems to be incapable of operating safely,” says Daniel O. Hirsch, a former environmental faculty member at UC Santa Cruz and president of the Committee to Bridge the Gap, an anti-nuclear group. “You’re mixing an incompetent utility with an unforgiving technology.”……………………..  https://www.latimes.com/business/story/2022-01-06/column-nuclear-energy-backers-say-its-vital-for-the-fight-against-global-warming-dont-believe-them?fbclid=IwAR015ej03ZDoUA2kcNoc_mAqJS3D2N8T

January 8, 2022 Posted by | Legal, Reference, safety, USA | Leave a comment

Julian Assange’s lawyers start process for UK Supreme Court appeal against his extradition to America

Julian Assange’s lawyers start process for Supreme Court appeal to stop WikiLeaks founder being extradited to US and tried on espionage charges

  • Fiancee Stella Moris said application to bring appeal filed after 11am Thursday
  • Judges must now decide whether to hear the case before any appeal takes place
  • He is wanted in the US over alleged conspiracy to disclose national defence information

Daily Mail. By TOM PYMAN FOR MAILONLINE, 24 December.   Julian Assange‘s lawyers have started the process for a Supreme Court appeal to stop the WikiLeaks founder being extradited to the US and tried on espionage charges, his fiancee has said.

Stella Moris said Assange filed an application to bring an appeal shortly after 11am on Thursday.

As his lawyers have applied to take his case to the Supreme Court, the UK’s highest court, judges must now decide whether to hear the case before any appeal takes place.  Ms Moris, a lawyer and the mother of his two children, said in a statement on Thursday the High Court must first ‘certify that at least one of the Supreme Court appeal grounds is a point of law of general public

importance’ before the application has a chance to be considered by the Supreme Court.

A decision is not expected before the third week of January, Ms Moris added.

Birnberg Peirce Solicitors, who are representing Assange, said in a statement: ‘We believe serious and important issues of law of wider public importance are being raised in this application.

They arise from the Court’s judgment and its receipt and reliance on US assurances regarding the prison regimes and treatment Mr Assange is likely to face if extradited.

‘Because this application is now the subject of judicial consideration, his lawyers do not propose to comment further at the moment.

‘We hope and trust the High Court will grant a certificate on the questions raised as well as giving permission to appeal in order that they can thereafter be fully argued before the Supreme Court.’……………….. https://www.dailymail.co.uk/news/article-10341045/Julian-Assanges-lawyers-start-process-Supreme-Court-appeal.html?ito=social-twitter_dailymailUK

December 27, 2021 Posted by | Legal, UK | Leave a comment

Aboriginal ttraditional owners lodge legal challenge to planned South Australian nuclear waste dump.


Traditional owners lodge legal challenge to planned Kimba nuclear waste dump, 
https://www.abc.net.au/news/2021-12-21/barngarla-challenge-kimba-radioactive-waste-facility-napandee/100717404?fbclid=IwAR3QiztQ5454cuTfmjLaBaCb_nK4usDM43TObZV5R
ABC North and West SA / By Declan GoochPatrick Martin, and Gillian Aeria  Tue 21 Dec 2021 raditional owners on South Australia’s Eyre Peninsula have formally lodged a legal challenge to the federal government’s plan to build a nuclear waste dump in the region.

Key points:

  • The Barngarla people have begun legal action against a planned radioactive waste dump
  • The federal government wants to build the facility near Kimba
  • Traditional owners have complained they were not consulted properly

The government wants to store low and intermediate-level waste at a property called Napandee, near the town of Kimba.

The Barngarla people say they were not included in the consultation process, which included a ballot of ratepayers.

“We don’t want it to be at Kimba because we were excluded from the vote under white man’s law,” Barngarla Determination Aboriginal Corporation chairman Jason Bilney said.

The group filed for a judicial review of the site selection process in the Federal Court on Tuesday.

The ballot of Kimba ratepayers, which the government has repeatedly cited as evidence of community support, showed about 60 per cent of voters were in favour of the plan.

“The government says broad community support — well what broad community support did you have, let alone with the native title holders of Kimba or on the Eyre Peninsula?” Mr Bilney said.

The ballot of Kimba ratepayers, which the government has repeatedly cited as evidence of community support, showed about 60 per cent of voters were in favour of the plan.

“The government says broad community support — well what broad community support did you have, let alone with the native title holders of Kimba or on the Eyre Peninsula?” Mr Bilney said.

He said South Australian law required a parliamentary inquiry if nuclear waste was to be brought in and stored.

“We are going to see continual opposition emerge over the next five to 10 years, and this has got a long way to run.”

He expected the court to decide in the Barngarla group’s favour.

“They have a clear and strong case. They were excluded from the community ballot, and they do have native title rights, and it’s essential the Federal Court stands up and protects those rights.” 

The government had initially tried to legislate the location of the facility in a way that would have eliminated the possibility of a judicial review.

It later amended the legislation in response to pressure from Labor so it received the support needed to pass both houses of parliament.

In a statement, resources minister Keith Pitt said the declaration of Kimba as the site for the facility was a “significant step”.

He said his facility was a crucial piece of national infrastructure for Australia’s nuclear medicine industry and nuclear research capabilities. 

December 24, 2021 Posted by | AUSTRALIA, indigenous issues, legal, wastes | Leave a comment

Former Westinghouse CEO Danny Roderick now a government witness in South Carolina nuclear fraud case

Records: Ex-CEO won’t face charges in nuclear fraud case, https://apnews.com/article/business-south-carolina-efd7755944eb9f7adff588cc76313df8      December 22, 2021   The former top executive for the contractor hired to build two South Carolina nuclear reactors that were never finished won’t face criminal charges, new court documents show.

Former Westinghouse CEO Danny Roderick was previously a subject of the federal investigation into the failed multibillion project and is now a government witness, according to the records unsealed last week that were first reported by The Post and Courier.

The documents indicate Roderick could testify against his former employee Jeff Benjamin, a fired Westinghouse vice president who is facing multiple federal felony charges tied to the 2017 debacle that cost ratepayers and investors billions and left nearly 6,000 people jobless.

Westinghouse was the lead contractor in the project to build the reactors at the V.C. Summer site in Fairfield County. South Carolina Electric & Gas Co. parent company SCANA Corp. and state-owned utility company Santee Cooper spent nearly $10 billion on the project before halting construction in 2017 following Westinghouse’s bankruptcy.

In the aftermath, prosecutors have targeted top officials at the companies, saying they lied to investors, regulators and ratepayers as they sought rate hikes, insisting the expensive project was on schedule even as it fell hopelessly behind.

Three executives have already pleaded guilty in the multi-year federal fraud investigation so far. Benjamin, the fourth, has maintained his innocence and could go to trial next year. He could face up to 20 years in prison and a $5,000,000 fine if convicted.

Roderick gave the FBI incriminating information about Benjamin in two interviews earlier this year, prosecutors said in court filings. Roderick said Benjamin lied to him about the project schedule and had created a “culture of fear” with an “unbearable” management style.

The documents outlining Roderick’s cooperation are part an effort by prosecutors to disqualify Roderick’s previous attorney from representing Benjamin.

William Sullivan was representing both men at the same time when prosecutors first tried to get him removed last year, arguing it was a conflict of interest as either defendant might turn on the other. Roderick eventually obtained a new lawyer before sitting down with investigators.

Prosecutors still want Sullivan disqualified from the case, noting that Sullivan “cannot properly expect to cross-examine his own former client in defense of his current one,” they wrote.

Sullivan has produced documents showing that both Roderick and Benjamin have approved the arrangement.

Roderick “has explicitly acknowledged that he is unaware of any criminal culpability of Mr. Benjamin,” Sullivan wrote in an emailed statement to The Post and Courier.

Roderick’s new attorney, Whit Ellerman, declined to comment to the newspaper.

The nuclear project failure also spurred multiple lawsuits and a probe by state lawmakers.

December 24, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

The disgraceful case mounted against Assange by a corrupt U.S. Department of Justice and their hired guns in Britain.

It is this institutional lying and duplicity that Julian Assange brought into the open and in so doing performed perhaps the greatest public service of any journalist in modern times.

JOHN PILGER: U.S. wins extradition appeal against Julian Assange, Independent Australia, By John Pilger | 11 December 2021,  ”…….. Miscarriage of justice is an inadequate term in these circumstances. It took the bewigged courtiers of Britain’s ancien regime just nine minutes on Friday to uphold an American appeal against a District Court judge’s acceptance in January of a cataract of evidence that hell on Earth awaited Assange across the Atlantic: a hell in which, it was expertly predicted, he would find a way to take his own life.

Volumes of witness by people of distinction, who examined and studied Julian and diagnosed his autism and his Asperger’s Syndrome and revealed that he had already come within an ace of killing himself at Belmarsh Prison, Britain’s very own hell, were ignored.

The recent confession of a crucial FBI informant and prosecution stooge, a fraudster and serial liar, that he had fabricated his evidence against Julian was ignored. The revelation that the Spanish-run security firm at the Ecuadorean embassy in London, where Julian had been granted political refuge, was a CIA front that spied on Julian’s lawyers and doctors and confidants (myself included) — that, too, was ignored.

The recent journalistic disclosure, repeated graphically by defence counsel before the High Court in October, that the CIA had planned to murder Julian in London — even that was ignored.

Each of these “matters”, as lawyers like to say, was enough on its own for a judge upholding the law to throw out the disgraceful case mounted against Assange by a corrupt U.S. Department of Justice and their hired guns in Britain. Julian’s state of mind, bellowed James Lewis, QC, America’s man at the Old Bailey last year, was no more than malingering — an archaic Victorian term used to deny the very existence of mental illness. 

To Lewis, almost every defence witness, including those who described from the depth of their experience and knowledge the barbaric American prison system, was to be interrupted, abused, discredited. Sitting behind him, passing him notes, was his American conductor: young, short-haired, clearly an Ivy League man on the rise.

In their nine minutes of dismissal of the fate of journalist Assange, two of the most senior judges in Britain, including the Lord Chief Justice, Lord Burnett (a lifelong buddy of Sir Alan Duncan, Boris Johnson’s former Foreign Minister who arranged the brutal police kidnapping of Assange from the Ecuadorean embassy) referred to not one of a litany of truths aired at previous hearings in the District Court.

These were truths that had struggled to be heard in a lower court presided over by a weirdly hostile judge, Vanessa Baraitser. Her insulting behaviour towards a clearly stricken Assange, struggling through a fog of prison-dispensed medication to remember his name, is unforgettable.

What was truly shocking on Friday was that the High Court Judges – Lord Burnett and Lord Justice Timothy Holroyde, who read out their words – showed no hesitation in sending Julian to his death, living or otherwise. They offered no mitigation, no suggestion that they had agonised over legalities or even basic morality.

Their ruling in favour, if not on behalf of the United States, is based squarely on transparently fraudulent “assurances” scrabbled together by the Biden Administration when it looked in January like justice might prevail.

These “assurances” are that once in American custody, Assange will not be subject to the Orwellian SAMs – Special Administrative Measures – which would make him an un-person; that he will not be imprisoned at ADX Florence, a prison in Colorado long condemned by jurists and human rights groups as illegal: “a pit of punishment and disappearance”; that he can be transferred to an Australian prison to finish his sentence there.

The absurdity lies in what the Judges omitted to say. In offering its “assurances”, the U.S. reserves the right not to guarantee anything should Assange do something that displeases his gaolers. In other words, as Amnesty International has pointed out, it reserves the right to break any promise.

There are abundant examples of the U.S. doing just that. As investigative journalist Richard Medhurst revealed last month, David Mendoza Herrarte was extradited from Spain to the U.S. on the “promise” that he would serve his sentence in Spain. The Spanish courts regarded this as a binding condition.

Medhurst wrote:

‘Classified documents reveal the diplomatic assurances given by the U.S. Embassy in Madrid and how the U.S. violated the conditions of the extradition. Mendoza spent over six years in the U.S. trying to return to Spain. Court documents show the United States denied his transfer application multiple times.’

The High Court Judges – who were aware of the Mendoza case and of Washington’s habitual duplicity – describe the “assurances” not to be beastly to Julian Assange as a “solemn undertaking offered by one government to another”. This article would stretch into infinity if I listed the times the rapacious United States has broken “solemn undertakings” to governments, such as treaties that are summarily torn up and civil wars that are fuelled. It is the way Washington has ruled the world, and before it Britain — the way of imperial power, as history teaches us.

It is this institutional lying and duplicity that Julian Assange brought into the open and in so doing performed perhaps the greatest public service of any journalist in modern times.

Julian himself has been a prisoner of lying governments for more than a decade now. During these long years, I have sat in many courts as the United States has sought to manipulate the law to silence him and WikiLeaks………….. https://independentaustralia.net/life/life-display/john-pilger-us-wins-extradition-appeal-against-julian-assange,15842

December 16, 2021 Posted by | legal, secrets,lies and civil liberties | 1 Comment