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.]
Seven Peace Activists Found Guilty of “Conspiracy” for Anti-Nuclear Protest
Seven Peace Activists Found Guilty of “Conspiracy” for Anti-Nuclear Protest, https://truthout.org/video/seven-peace-activists-found-guilty-of-conspiracy-for-anti-nuclear-protest/, BY Amy Goodman, Democracy Now!, October 25, 2019
In Georgia, a federal grand jury on Thursday found seven Catholic peace activists guilty on three felony counts and a misdemeanor charge for breaking into the Kings Bay Naval Submarine Base on April 4, 2018. The activists, known as the Kings Bay Plowshares 7, entered the base armed with hammers, crime scene tape, baby bottles containing their own blood, and an indictment charging the U.S. government with crimes against peace. The base is home to at least six nuclear ballistic missile submarines, each of which carries 20 Trident thermonuclear weapons.
AMY GOODMAN: The activists will be sentenced within the next 90 days. They face more than 20 years in prison. This is Plowshares activist Martha Hennessy.
Ohio’s Nuclear and Coal Bailout Bill Survives Court Challenge.
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Ohio’s Nuclear and Coal Bailout Bill Survives Court Challenge. Federal judge says group seeking overturn of pro-nuclear House Bill 6 must seek state Supreme Court relief, raising bar for a 2020 challenge. Greentech Media, JEFF ST. JOHN OCTOBER 24, 2019 An effort to overturn Ohio’s controversial nuclear bailout law via voter referendum suffered a setback this week, after a federal judge denied the group’s request for more time to collect signatures to put it before state voters next year.In a late Wednesday evening decision, U.S. District Judge Edmund A. Sargus, Jr. denied a request from the Ohioans Against Corporate Bailouts group for more time to collect the required 265,774 signatures to prevent House Bill 6 from going into effect while it faces repeal.
Instead, Sargus wrote that the issues raised by the group were under the jurisdiction of the Ohio Supreme Court, which “could afford plaintiffs the remedy they seek — a stay of HB 6 and additional time to circulate their petitions.” HB 6, passed in July by the state’s Republican-controlled legislature and signed into law by Republican Gov. Mike DeWine, is broadly unpopular with the public, according to multiple polls, and has come under withering attack from the Union of Concerned Scientists, the Sierra Club, and other environmental groups. The bill, which went into effect on Tuesday, slashes the state’s existing efficiency and renewable energy mandates, a long-term goal of the Ohio GOP, and redirects the hundreds of millions of dollars a year to support bankrupt utility FirstEnergy Solutions’ nuclear power plants. The surcharges of about 85 cents per month on typical residential customers’ utility bills, meant to raise roughly $1 billion for FirstEnergy’s Davis-Besse and Perry nuclear plants over seven years, won’t go into effect until 2021. “We’re disappointed, but we’re exploring our options with the Ohio Supreme Court,” Gene Pierce, spokesperson for Ohioans Against Corporate Bailouts, told The Toledo Blade. A high-stakes energy policy battle turns nastyOhioans Against Corporate Bailouts has alleged that its signature-gathering efforts were targeted by HB 6 supporters in a dirty-tricks campaign that prevented it from hitting its targeted signature numbers. According to its complaints, these tactics included bribing its signature-takers with cash and plane tickets to join an opposing ballot initiative, and in some cases, allegedly threatening signature-gatherers in public. The Ohio Attorney General’s office is investigating dozens of complaints related to signature-gathering, including activities by pro-HB 6 group Generation Now, which has been accused of hiring “blockers,” or people who will stand in the way of or otherwise interfere with signature-gatherers in public. Earlier this month, Sargus granted the group a temporary order preventing enforcement of a state law that requires some paid signature-gatherers to disclose their identities or face criminal penalties, based on allegations that Generation Now had been approaching signature-takers and their employers to pressure them into quitting…….. Ohio’s bill also eliminates the state’s renewable portfolio standard of 12.5 percent by 2027, passed in 2008, which has been under attack from state Republicans for years. And it eliminates the nearly $200 million per year, collected in surcharges of roughly $1.69 per month on Ohio utility customers, to fund energy-efficiency and demand-reduction programs. These programs have saved Ohio customers $5.1 billion from 2009 to 2017, according to the Midwest Energy Efficiency Alliance. HB 6 also imposes a $2.50-per-month charge on utility customers’ bills to support two coal-fired power plants owned by the Ohio Valley Electric Corp., a consortium of utilities in the state. Opponents of the plan have challenged the subsidies, saying the law’s text inadvertently bars them from participating. https://www.greentechmedia.com/articles/read/ohios-nuclear-and-coal-bailout-bill-survives-court-challenge |
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London judge denies Julian Assange a delay in extradition hearings
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WikiLeaks founder Julian Assange denied delay to extradition hearing by London judge, https://www.abc.net.au/news/2019-10-22/wikileaks-founder-assange-in-court-to-fight-extradition/11625042 The full extradition hearing of WikiLeaks founder Julian Assange will go ahead in February 2020 after a London judge declined a request by his lawyers to delay proceedings by three months. Key points:
The 48-year-old appeared in a packed court on Monday to fight extradition to the United States, where he faces 18 counts, including conspiring to hack into Pentagon computers and violating an espionage law. Britain’s former Home Secretary Sajid Javid signed an order in June allowing Assange to be extradited to the US, where authorities accuse him of scheming with former Army intelligence analyst Chelsea Manning to break a password for a classified government computer. He could spend decades in prison if convicted. Assange and his legal team said he needed more time to prepare his case, but failed to convince District Judge Vanessa Baraitser that a slowdown was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December. Assange — clean shaven, with his silvery-grey hair slicked back — defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court. After the judge turned down his bid for a three-month delay, Assange, speaking very softly and at times appearing to be near tears, said he did not understand the proceedings. He said the case was not “equitable” because the US government had “unlimited resources” while he did not have easy access to his lawyers or to documents needed to prepare his battle against extradition while confined to Belmarsh Prison on the outskirts of London. Lawyer Mark Summers, representing Assange, told the judge that more time was needed to prepare Assange’s defence against “unprecedented” use of espionage charges against a journalist. Mr Summers said the case has many facets and would require a “mammoth” amount of planning and preparation. He also accused the US of illegally spying on Assange while he was inside the Ecuadorian Embassy seeking refuge, and of taking other illegal actions against the WikiLeaks founder. “We need more time,” Mr Summers said, adding that Assange would mount a political defence. Mr Summers said the initial case against Assange was prepared during the administration of former president Barack Obama in 2010 but wasn’t acted on until Donald Trump assumed the presidency. He said it represented the US administration’s aggressive attitude toward whistleblowers. Representing the US, lawyer James Lewis opposed any delay to the proceeding. The case is expected to take months to resolve, with each side able to make several appeals of rulings. The judge said the full hearing would be heard over five days at Belmarsh Court, which would make it easier for Assange to attend and contains more room for the media. Assange’s lawyers said the five days would not be enough for the entire case to be heard. Health concerns for Assange Outside the courthouse, scores of his defenders — including former London mayor Ken Livingstone — carried placards calling for Assange to be released. Wikileaks editor-in-chief Kristinn Hrafnsson said it was a “big test case for journalism worldwide”. “This should be thrown out immediately because this is a total violation of a bilateral treaty between the US and the United Kingdom which basically states that you cannot extradite someone for political offences, and this is a political case,” he said. Regarding Assange’s health, Mr Hrafnsson said he was in a “stable condition” but was living in “de facto solitary confinement”. “After three or four weeks it starts to bite in and you can feel that he is suffering,” he said. Assange supporter Malcolm, who did not give his surname, told the ABC there was “not nearly enough” people actively campaigning for Assange’s freedom, and he wanted to see the whole street blocked at the next hearing. Another supporter accused the Australian government of failing to “defend their own citizen”. The crowd outside court was largely well-behaved but briefly blocked traffic when a prison van believed to be carrying Assange left court. |
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Kings Bay Plowshares 7 face criminal charges and long jail senetences
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Taking Next Steps Toward Nuclear Abolition. https://truthout.org/articles/taking-next-steps-toward-nuclear-abolition/, BY Kathy Kelly, Voices for Creative Nonviolence, October 21, 2019 My friend Marianne Goldscheider, who is 87, suffered a broken hip in July, 2018 and then, in June 2019, it happened again. When she broke her hip the first time, she was running, with her son, on a football field. After the second break, when she fell in her kitchen, she was in so much pain that she recalls her only desire as she was placed on a stretcher: “I just wanted ‘the right pill.’” Marianne says her Catholic friends, who live nearby in the New York Catholic Worker community, persuaded her not to give up. They’ve long admired her tenacity, and over the years many have learned from her history as a survivor of the Nazi regime who was forced to flee Germany. Recalling her entry to the United States, Marianne jokes she may have been one of the only displaced persons who arrived in the United States carrying her skis. Yet she also carried deep anxieties, the “angst,” she says, of her generation. She still wonders about German people in the military and the aristocracy who knew where Hitler was headed and, yet, didn’t try to stop him. “When and how,” she wonders, “do human beings get beyond all reasoning?”
Marianne is deeply disturbed by the extraordinary danger of maintaining nuclear weapons arsenals and believes such weapons threaten planetary survival. She worries that, similar to the 1930s, citizens of countries possessing nuclear weapons sleepwalk toward utter disaster. On April 4, 2018, several of Marianne’s close friends from the New York Catholic Worker community became part of the Kings Bay Plowshares 7 by entering the U.S. Navy Nuclear Submarine base in King’s Bay, GA and performing a traditional Plowshares action. Guided by lines from Scripture urging people to “beat their swords into plowshares and their spears into pruning hooks,” they prayed, reflected and then symbolically disarmed the Trident nuclear submarine site. The Kings Bay is home port to six nuclear armed Trident ballistic missile submarines with the combined explosive power of over 1825 Hiroshima bombs. One of the banners they hung read “The Ultimate Logic of Trident is Omnicide.” Referring to this sign, Daniel Ellsberg, who leaked the Pentagon Papers in 1971, said the banner “is exactly right.” In an October 18 endorsement, he called their actions “necessary to avert a much greater evil.” In late September, the Catholic Bishops of Canada, alarmed over the increasing danger nuclear weapons pose, urged the Government of Canada to sign the Treaty on the Prohibition of Nuclear Weapons, adopted at the UN in 2017. The Canadian bishops issued their statement on September 26, the United Nations International Day for the Total Elimination of Nuclear Weapons. In it, they note the Vatican has already signed and ratified the Treaty. “The ashes of World War I and the centenary of its armistice,” wrote Pope Francis, “should teach us that future acts of aggression are not deterred by the law of fear, but rather by the power of calm reason that encourages dialogue and mutual understanding as a means of resolving differences.” The seven defendants, in everyday life, practice nonviolence while serving people who are often the least cared for in our society. Like Marianne, I have known each defendant for close to four decades. They have risked their lives, safety and health in numerous actions of civil disobedience. When imprisoned, they write and speak of the cruel abuse of human beings and the racist, primitive nature of the United States prison-industrial complex. They’ve also chosen to visit or live in war zones, providing witness on behalf of people trapped under bombardment. They live simply, share resources and strive to help build a better world. Nevertheless, beginning Monday, they will face serious criminal charges and potentially harsh sentences for their action at Kings Bay. Marianne anxiously awaits their trial. “Why,” she asks, “isn’t there more coverage?” One of the defendants, Rev. Steve Kelly, SJ, a Jesuit priest, referred to himself in a recent letter as “a tenuous voice in the wilderness.” He further explained that he is among the wilderness of the incarcerated, “two and a quarter million folks comprising the human warehouses in the empire.” Steve has been imprisoned in the Glynn County jail since April 4, 2018. His letter continues:
Late in the afternoon of October 18, Judge Woods issued her long-awaited orders regarding testimony allowed in court. She will not allow testimony about the illegality of nuclear weapons, the necessity of civil disobedience, or individual motivations and personal faith. Fortunately, the many dozens of people filling the Brunswick, GA courtroom on October 21 will help communicate the essential evidence that won’t be shared within the court. In alternative settings, such as over meals, during a Festival of Hope, and as part of a Citizens Tribunal, they’ll discuss and eventually share reasons that motivated our friends to perform the Kings Bay Plowshares 7 action. A recent op-ed in The New York Times suggests the Kings Bay Plowshares 7 message is entering public discourse. The defendants have clarified that the U.S. nuclear weapon arsenal robs resources desperately needed for food, shelter, health care and education. The New York Times notes if we could reach a total nuclear weapons ban, we could save roughly $43 billion each year on weapons, delivery systems and upgrades. “That’s roughly the same amount we’ve allocated in federal hurricane aid for Puerto Rico.” Marianne laments the way in which nuclear weapons are revered as a modern idol deserving of great sacrifice. She is rightfully wary of social and cultural developments that consider such reverence normal. She and I commiserate about recovering from hip fractures, (I’ve been on the mend for the past month), but we both know that Steve Kelly’s invitation deserves our greatest attention. Tiny postcards are the only means of correspondence allowed to or from the Glynn County jail. On one of these, Steve wrote a message to a large gathering in New York celebrating the Kings Bay Plowshares 7 action. “I am encouraged by your presence,” he wrote, “to ask that this small effort of ours not be the last word in nuclear abolition.” |
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Facing a nasty pro nuclear campaign, Ohio’s anti nuclear group hope for a federal court decision to delay nuclear bailout
Anti-nuclear bailout group fails to make deadline for referendum https://www.cincinnati.com/story/news/politics/elections/2019/10/21/anti-nuclear-bailout-effort-miss-deadline-submit-signatures/4052255002/ Jessie Balmert, Cincinnati Enquirer Oct. 21, 2019 COLUMBUS – Opponents of Ohio’s $1 billion bailout of two nuclear plants say they didn’t gather enough signatures to block the law by the Monday deadline.
Their only hope: a federal court decision that could give them more time to collect signatures.
Ohioans Against Corporate Bailouts spokesman Gene Pierce wouldn’t say how many signatures the group collected, but it wasn’t enough to put the issue before voters in November 2020.
Ballot groups often collect more than the required number in anticipation of some being tossed out because of duplicates, illegible signatures and other problems.
That means House Bill 6 will take effect at midnight. The law imposes a new fee of 85 cents per month for residential customers on Ohioans’ electric bills starting in 2021.
Those fees are expected to raise about $150 million a year for FirstEnergy Solutions’ plants – money the company says it needs to keep the doors open. Another $20 million from those fees will pay for solar energy companies.
The runup to Monday’s deadline has been one of the nastiest campaigns in recent Ohio history. The nuclear plants’ owner, FirstEnergy Solutions, and its allies deployed a variety of tactics to block the referendum from making the ballot ranging from anti-Chinese advertisements to petition signature blockers.
“Nuclear bailout supporters of House Bill 6 have stooped to unprecedented and deceitful depths to stop Ohioans from exercising their constitutional rights to put a bailout question on the ballot for voters to decide,” Pierce said in a news release.
Ohioans Against Corporate Bailouts had to submit at least 265,774 valid signatures from at least 44 of Ohio’s 88 counties to put the bill to a vote next year. The group failed to submit those signatures by Monday’s deadline.
The group has asked a federal court judge for more time to collect signatures because initial steps in the process, such as collecting 1,000 valid signatures and having ballot language approved as accurate, ate into its 90-day window.
A hearing on that request is set for Tuesday afternoon. U.S. District Court Judge Edmund Sargus will make a decision after hearing arguments from both sides.
On Monday, Ohioans for Energy Security submitted signatures to Rep. Jamie Callender, R-Concord Township, calling for a ban on foreign control of the state’s energy grid. Callender said he hopes to put that issue before voters.
“That’s kind of scary that someone who didn’t like America, who didn’t like our way of life could cause a lot of damage and a lot of havoc by randomly shutting down a plant that they had controlling interest in,” Callender said. “It could bring the grid down.”
The operators of Ohio’s electric grid say they are “vigilant” about the grid’s security. The federal government can block projects if foreign investment poses a national security risk.
For example, President Trump has halted two foreign acquisitions, citing national security concerns, since 2017: Lattice Semiconductor Corporation by a Chinese investment firm and telecom company Qualcomm by Singapore-based Broadcom.
Columbus bureau chief Jackie Borchardt contributed reporting.
The U.S. Supreme Court has shut down South Carolina’s attempt to complete a nuclear fuel facility
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Supreme Court Lets US Stop Work on $8B SC Nuclear Fuel Plant
The U.S. Supreme Court has shut down South Carolina’s attempt to complete a nuclear fuel facility. https://www.usnews.com/news/us/articles/2019-10-15/supreme-court-lets-us-stop-work-on-8b-sc-nuclear-fuel-plant, Oct. 15, 2019 BY JEFFREY COLLINS, Associated Press COLUMBIA, S.C. (AP) — The federal government does not have to restart construction on a nuclear fuel facility in South Carolina that it abandoned after spending nearly $8 billion, the U.S. Supreme Court ruled Tuesday.
The justices refused without comment to hear South Carolina’s appeal of a lower court decision last October that allowed the U.S. Energy Department to stop building the Mixed Oxide Fuel Fabrication Facility at the Savannah River Site near Aiken. Work on the plant started nearly two decades ago. Its goal was to take plutonium used in nuclear weapons built during the Cold War and convert it into a fuel called MOX to run nuclear plants around the world. The facility was over budget and behind schedule nearly from the start. It was still decades away from completion when President Barack Obama’s final budget in 2016 pulled funding. Republicans in South Carolina asked President Donald Trump to restart the project, but his administration has refused. South Carolina then sued the federal government, saying the government had promised to remove the 11 metric tons (24,250 pounds) of plutonium from the state by 2021. Without the MOX plant in place, there was no guarantee the government would keep its end of the deal, state officials argued. South Carolina Attorney General Alan Wilson said he was disappointed with the Supreme Court’s refusal to hear its appeal but said state officials “will continue to do everything necessary to protect the citizens of our state and hold the federal government accountable under the law.” Federal officials said they should be free to consider any alternatives they want. The plan now appears to be to seal the plutonium and bury it in the western U.S. desert. The Energy Department first disclosed in January 2019 that it had sent a half ton of plutonium to Nevada in 2018. Two months ago, Wilson said a full ton of plutonium had been removed from South Carolina to meet a federal court-imposed deadline of Jan. 1, 2020. He didn’t say where the other half-ton went. In August, Nevada lost its own federal appeals court fight to block any more shipments of weapons-grade plutonium to a site near Las Vegas. |
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Appeal against acquittal of Tepco executives over Fukushima nuclear disaster
Plaintiffs have appealed a ruling handed down by the Tokyo District Court in mid-September that found three former Tokyo Electric Power Co. executives not guilty of professional negligence. A class action lawsuit against the executives claimed they had failed to apply the proper safety measures to prevent the 2011 disaster at the Fukushima No. 1 nuclear power plant, despite being aware of the devastating effect tsunami would have.
Ruiko Muto, the 66-year-old leader of the class action lawsuit against former Tepco executives, has tirelessly conducted talks around the country since the nuclear disaster in 2011, which saw three of the six core reactors of the Fukushima No. 1 power plant go into meltdown after massive tsunami struck the facility.
“Grassroots efforts are what pushes forward the social change we need to see,” she said, adding, “awareness spreads only when each individual starts to think about the issue at hand.”
Muto has campaigned for the end of nuclear power for over 30 years. Seeing the devastating effects of the 1986 Chernobyl nuclear accident in the former Soviet Union catapulted her into the anti-nuclear movement…..
The disaster upended daily life as local residents knew it and tore apart the social fabric of societies and communities around the area. Eight and a half years on, the victims are still grappling with the loss of their homes, and are turning to the courts for answers and closure….https://www.japantimes.co.jp/news/2019/10/11/national/tepco-acquittal-fukushima-nuclear-disaster-closure/#.XaDi30YzbIU
Despite previous warnings, and findings, court finds Tepco executive not guilty after Fukushima nuclear disaster
Fukushima trial ends in not guilty verdict, but nuclear disaster will haunt Japan for decades to come, By James Griffiths, CNN, September 19, 2019 The only criminal prosecution stemming from the 2011 Fukushima nuclear disaster has ended in not guilty verdicts, in a blow to families displaced by the meltdown, as the fallout promises to haunt northern Japan for decades to come.
CNN’s Yoko Wakatsuki contributed reporting from Tokyo. https://edition.cnn.com/2019/09/19/asia/japan-fukushima-trial-intl-hnk/index.html
Nuclear watchdog groups warn legal action over environmental impact of plutonium pit production
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Federal officials have set a deadline of 2030 for ramped-up production of plutonium pits. The work will be split between Los Alamos National Laboratory in northern New Mexico and the Savannah River Site in South Carolina. Lawyers for the Natural Resources Defense Council, Nuclear Watch New Mexico, Savannah River Site Watch and Tri-Valley Communities Against a Radioactive Environment threatened legal action in a letter sent this week to officials. In June, the National Nuclear Security Administration said it would prepare an environmental impact statement on pit-making at Savannah River. A less extensive review was planned for Los Alamos this week .
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Japan Just Let the Executives Who Oversaw the Fukushima Nuclear Disaster off the Hook
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Japan Just Let the Executives Who Oversaw the Fukushima Nuclear Disaster off the HookYears after the disaster, there are ghost towns in the areas surrounding the plant.
By Alex Lubben VICE.com Sep 20 2019 “………..Three executives at the utility were accused of criminal negligence for failing to take adequate precautions to protect the plant from a tsunami. Despite knowing their plant might not withstand big waves, they left it as it was.
Now, years after the fact, all three of them are off the hook. A Japanese court found the head of the Tokyo Electric Power Co., Tsunehisa Katsumata, along with two other former executives not guilty of criminal professional negligence. The verdict means it’s unlikely anyone will be convicted on charges surrounding one of the worst nuclear disasters ever, one that prompted an international reckoning with the dangers of nuclear power plants…… the company’s own scientists, in the lead-up to the disaster, had warned that the plant was in a tsunami-prone area, and that the plant might not be adequately prepared to weather one, Reuters reported. ……. “This is only the beginning of a major battle,” Hiroyuki Kawai, a lawyer representing more than 5,700 Fukushima residents who fled after the meltdown, according to the Guardian. “Our ultimate goal is to eradicate dangerous nuclear plants that have thrown many residents into despair.”….. https://www.vice.com/en_us/article/vb5333/japan-just-let-the-executives-who-oversaw-the-fukushima-nuclear-disaster-off-the-hook |
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Ex-Southern California Chief Justice Toal Takes Over Nuclear Debacle Cases
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Ex-SC Chief Justice Toal Takes Over Nuclear Debacle Cases
A former South Carolina chief justice will oversee all court cases around the pair of nuclear reactors abandoned during construction in South Carolina. https://www.usnews.com/news/best-states/south-carolina/articles/2019-09-15/ex-sc-chief-justice-toal-takes-over-nuclear-debacle-cases |
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PLEASE OPPOSE HR 8255 AND S.3639 – bills would accelerate satellite deployment, with no environmental review or safeguards – https://ncstd5li.quorum.us/campaign/169331/
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