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Previously classified documents help legal case for thorium affected nuclear workers

Once secret documents helping lawyers argue for sick nuclear workers at South Carolina complex Unlike many lawyers, Bob Warren agreed to represent sick workers at the Savannah River Site in South Carolina. The pay has been low, but Warren has for 13 years handled their cases in hopes of gaining compensation from the federal government. He’s done so, despite battling Parkinson’s disease and financial difficulties.Today, he continues to press their cases from a tiny law office in Black Mountain, N.C.  BY SAMMY FRETWELL sfretwell@thestate.com COLUMBIA, SC , 11 Aug 16, 

sick worker Idaho

Lawyers are using once-classified government documents to argue that potentially thousands of sick nuclear weapons workers and their families should be eligible for federal benefits.

The documents, released late last year, provide evidence that some workers at the Savannah River Site were exposed to thorium after 1972 even though the government said the South Carolina plant no longer had significant quantities of the radioactive material, said Bob Warren, an attorney representing ex-SRS employees.

Warren said the federal records show that SRS had ample amounts of thorium, a metal used in nuclear reactions that can cause cancer. Warren obtained the documents under the Freedom of Information Act from the U.S. Department of Energy after a three-year wait.

“Without this information, we would not be able to go forward,’’ Warren said in an interview with The State. “These documents are pivotal in making the case.’’

In a letter to a government radiation advisory board, Warren asks that more people employed at SRS be compensated for illnesses they contracted while working there.

Warren’s request, to be discussed by the advisory board Wednesday, seeks to expand a federal compensation program by making it easier for people who worked at SRS from 1973-2007 to gain benefits for cancer the site caused.

The federal government has already made it easier for many sick workers employed before 1973 at SRS to receive compensation because of likely exposure to thorium at the site.

Those eligible for benefits could get up to $400,000 each under the federal compensation program. The program, available to sick workers at federal weapons complexes across the country, has been criticized as a bureaucratic maze of rules so tough that many deserving people have been denied benefits. Some ex-workers have died before receiving compensation, according to a McClatchy newspapers investigation last year.

“There is no reason not to expand,’’ Warren’s written comments said, noting that approving his request would make “many more workers and their survivors eligible for benefits from the … program before they die.’’

Warren said if he is successful, several thousand people who worked at SRS from 1973 to 2007 could receive benefits.

SRS is a 310-square mile federal atomic weapons site near Aiken along the Georgia border. It was a cornerstone of the nation’s Cold War nuclear weapons production effort, at times employing more than 10,000 people. Many who worked there were exposed to radiation, and some now say the exposure made them sick.

Federal officials charged with recommending whether to expand the program are expected to challenge Warren’s arguments at Wednesday’s meeting of the Advisory Board on Radiation and Worker Health. But Warren said it’s hard to dispute what he has found in more than 1,300 pages of records that the government released.

The documents, many of which were previously classified, contradict past federal justification for not expanding the compensation program, he said. The records indicate that thorium existed in notable quantities for years at SRS after 1972 – despite government arguments that it did not.

Among the documents are:

▪  Handwritten records from SRS officials showing that more than 8 tons of thorium were stored at the site in 1998.

▪ A 1982 memo from a ranking SRS official showing that thorium was among the radioactive materials the government wanted to discard.

▪  A 1976 inventory report showing about 7 tons of thorium on the site.

In addition, Warren’s comment letter to the advisory board uses the deposition of a top site official to show that the government had no bioassay medical screening program for thorium exposure before 2000.

Thorium is used in the aerospace industry and in nuclear reactions. Breathing thorium dust may cause an increased chance of lung disease as well as lung and pancreatic cancer years after being exposed, according to the federal Agency for Toxic Substances and Disease Registry. Thorium, which is odorless and tasteless, also has been linked to bone cancer, the agency reports.

The 1,300 pages released by the government now “definitely show thorium shipments to, and in some cases from, SRS after 1972,’’ Warren’s letter says. In the past, federal health officials charged with giving the advisory board information have not provided documentation that would have helped the board recommend expanding the program to cover more recent years, he said.

The Department of Energy had no immediate comment on the thorium issue. It could be months before Warren’s request is resolved……….

Under the federal compensation program, employees sickened by numerous types of cancer at SRS and other federal weapons sites must show that the radiation they received was a significant cause of their illnesses. But the government also can declare entire classes of workers as eligible without requiring each worker to document his or her doses. The class designation can occur when individual dosage records are unavailable to workers.

Bioassy records are unavailable for individual workers to show exposure to thorium, Warren said. So Warren argues that all workers from 1973-2007 should be eligible for compensation. In 2011, he was successful in persuading the government to make workers prior to 1973 eligible for compensation because of thorium exposure.

Warren’s petition is part of a 14-year-effort to obtain compensation for people who say they were sickened by radiation at SRS. An attorney in Black Mountain, N.C., Warren is one of the few lawyers who took on SRS compensation cases, which do not pay attorneys well. He plans to retire soon because of health problems but he works with South Carolina lawyers Warren Johnson and Joshua Fester, who will continue the work.

Nationally, the government has paid more than $12 billion to sick ex-nuclear workers and their families, including those from SRS, McClatchy newspapers reported last year. The energy employees compensation program began in 2001. http://www.thestate.com/news/local/article94448307.html

August 12, 2016 Posted by | health, Legal, Reference, thorium | Leave a comment

European Commission investigating French government’s financing of AREVA nuclear comnpany

Hollande-salesEurope checks French state aid for Areva restructuring, WNN 20 July 2016 The European Commission has launched an investigation to determine whether the French government’s contribution of €4.0 billion ($4.4 billion) towards the financing of the restructuring of Areva meets EU rules on state aid.

In late July 2015, EDF and Areva announced they had signed a memorandum of understanding setting out the principal terms and conditions for EDF to take a majority share in Areva’s reactor business, Areva NP. Areva – which has been experiencing financial difficulties for over five years – plans to create a new group later this year that will bring together all its fuel cycle operations: mining, chemistry, enrichment, recycling, dismantling, logistics and related engineering. And in April 2016 France notified the European Commission of a restructuring plan to return the Areva Group’s competitiveness and improve its financial position. The plan includes state aid in the form of a public capital injection of €4.0 billion. It also involves a renewed focus on the nuclear fuel cycle through various divestments and withdrawal from certain activities.

Areva – in which the French state owns, either directly or indirectly, an 86.5% stake – plans to launch a capital increase by the first quarter of 2017. The company earlier said, “The French state has indicated its intention of subscribing to it and ensuring its complete success, in compliance with European regulations.”

According to European guidelines on state aid for rescuing and restructuring companies in difficulty, aid to rescue such firms can only be granted for up to six months. Beyond this period, aid must either be reimbursed or a restructuring plan must be approved by the European Commission to allow aid for the company’s restructuring. The plan must ensure that the long-term viability of a company is restored without further state support, that the distortions of competition induced by the state aid are addressed by specific measures and that the company contributes to the cost of restructuring. Restructuring aid may only be granted once over a period of ten years.

The European Commission announced yesterday it has opened an in-depth investigation into the French government’s financial contribution to Areva’s restructuring…..http://www.world-nuclear-news.org/C-Europe-checks-French-state-aid-for-Areva-restructuring-2007164.html

August 10, 2016 Posted by | Legal | 2 Comments

US Dept Energy ordered by court to hand over Idaho nuclear waste documents

judge-1Court orders feds to turn over Idaho nuclear waste documents http://www.seattletimes.com/nation-world/court-orders-feds-to-turn-over-idaho-nuclear-waste-documents/ August 9, 2016 By  The Associated Press

BOISE, Idaho (AP) — A federal judge has ordered the U.S. Department of Energy to make available to the court documents sought by former Idaho Gov. Cecil Andrus involving nuclear waste shipments to eastern Idaho.

U.S. District Court Judge B. Lynn Winmill on Monday ordered the agency to produce the documents within a week so Winmill can determine whether to make them public.

Andrus filed a lawsuit in September after Energy Department officials responded to Andrus’ Freedom of Information Act request with heavily redacted documents.  Andrus wants information on research shipments of spent nuclear fuel to the Idaho National Laboratory that require a waiver to a 1995 agreement.Andrus says the waiver would make the state a nuclear waste repository.

Energy Department officials didn’t immediately respond to inquiries from The Associated Press on Tuesday.

August 10, 2016 Posted by | Legal, USA | Leave a comment

New York “s Clean Energy standard drafted with an effort to avoid legal challenges about nuclear subsidy

justiceNY Attempts to Thread Legal Needle with Clean Energy Standard, Nuke Incentives, RTO Insider, 

August 8, 2016 By William Opalka

The U.S. Supreme Court cast a long shadow as New York regulators drafted the Clean Energy Standard and its incentives to preserve upstate nuclear power plants.

Audrey Zibelman, chair of the state Public Service Commission, said that the order adopted last week was drafted to avoid legal challenges that could jeopardize the standard’s goal of generating 50% of the state’s power from renewable resources by 2030. PSC lawyers feared challenges to the zero-emission credit (ZEC) program for nuclear plants and the way in which renewable energy development is encouraged. (See New York Adopts Clean Energy Standard, Nuclear Subsidy.)……

ZEC Pricing

New York has priced ZECs based on EPA’s social cost of carbon, minus prices for carbon allowances sold under the nine-state Regional Greenhouse Gas Initiative, in which New York participates. Load-serving entities must purchase ZECs, which recognize the carbon-free attribute of nuclear power, proportionate to their annual energy sales.

Although it was designed to be similar to the REC procurement, the ZEC program may face a legal challenge that the mandate would suppress energy and capacity prices.

A group of power generators advanced that argument during the public comment period last month.

The comments were “a dry run driving right at the heart of ZEC,” said David Appelbaum, an attorney for the New York Power Authority. “They’re going to try to derail this. I don’t know if they’re going to be successful.”

The suppliers, 11 power generators and marketers, say the ZEC proposal violates the Federal Power Act and impinges on FERC jurisdiction over wholesale markets. “It conflicts with FERC’s policy that the NYISO’s capacity market provide the necessary price signals to encourage maintenance of existing, and development of new, facilities to meet reliability needs,” the suppliers contend. “But for the artificial price suppression, prospective new generators that may have been economic may forego entry, and existing generators that may have been economic may prematurely retire.”

The PSC order sought to head off this line of attack. The proposal “does not establish wholesale energy or capacity prices; it only establishes pricing for attributes completely outside of the wholesale commodity markets administered by NYISO,” the order states. “To the contrary, it addresses a well recognized externality that otherwise would lead to economic inefficiencies with respect to the costs incurred due to environmental damage, in particular, climate change.”

John Reese, the senior vice president of Eastern Generation, one of the suppliers, told RTO Insider on Monday that no decisions on any appeal have been made.

“We continue to look at all of the options, so we are in the process of deciding what is the best action to take,” he said. http://www.rtoinsider.com/new-york-clean-energy-standard-30101/

August 10, 2016 Posted by | Legal, USA | Leave a comment

Japanese Government Wins in Supreme Court: Tents of Anti-Nuclear Groups Next to METI Ministry Building to Be Forcibly Removed

judge-1flag-japan On July 28, Japan’s Supreme Court handed down its ruling in a case filed originally by the national government over tents pitched by anti-nuclear groups outside buildings of the Ministry of Economy, Trade and Industry (METI) in Kasumigaseki, Tokyo. It upheld an earlier order that the groups evacuate and pay for their use of the land.

The court’s petty bench, led by Judge Naoto Ohtani, rejected an appeal made by members of the groups against a lower court ruling. The Tokyo District Court is expected to carry out the forcible removal of the tents upon the request of the government, though members of the groups are expected to resist……..
The ruling includes an order that two defendants of the groups pay about JPY21,000 (USD206 at USD1 = JPY102) per day for use of the land, for a total of nearly JPY40 million (USD392,000) for the five-year period, plus interest.
http://www.jaif.or.jp/en/japanese-government-wins-in-supreme-court-tents-of-anti-nuclear-groups-next-to-meti-ministry-building-to-be-forcibly-removed/

August 8, 2016 Posted by | Japan, Legal | Leave a comment

Non-profit World Business Academy sues Lands Commission over Diablo Canyon Nuclear Station

justiceFlag-USASanta Barbara nonprofit sues Lands Commission over Diablo Canyon, Cal Coast News, August 3, 2016
By JOSH FRIEDMAN

A Santa Barbara-based nonprofit has filed a lawsuit against the California State Lands Commission, alleging the agency wrongfully approved a new lease for the cooling system at Diablo Canyon power plant. The lawsuit claims state law mandates than Diablo Canyon undergo an environmental review.

On June 28, the three-member State Lands Commission voted unanimously to approve a new tidelands lease for the Diablo Canyon cooling system. The decision will allow PG&E to continue operating the nuclear plant until 2025, when the utility plans to shut it down. If PG&E did not obtain the new lease, it faced the possibility of closing Diablo Canyon as early as 2018.

The World Business Academy, a think tank that opposes nuclear power and promotes renewable energy, filed its lawsuit in Los Angeles County Superior Court. The suit demands that state officials review potential environmental and public health dangers that could occur due to continued operation of Diablo Canyon.

California law mandates a project undergo an environmental review when any unusual circumstances exist, the lawsuit states. The World Business Academy claims there are numerous unusual circumstances surrounding Diablo Canyon. They include: high seismic risk; adverse health impacts from continuing emissions of radioactive isotopes; devastating impacts on marine life; potential adverse impacts from a terror attack; leakage and buildup of radioactive waste; and Diablo Canyon’s status as the sole remaining nuclear plant in California.

Rinaldo Brutoco, the president of the nonprofit, said any of the unusual circumstances should have triggered an environmental review…….http://calcoastnews.com/2016/08/santa-barbara-nonprofit-sues-lands-commission-diablo-canyon/

August 5, 2016 Posted by | Legal, USA | 1 Comment

Potential for legal challenges to New York’s new Clean Energy Standard

justiceFlag-USAWith Clean Energy Standard, New York looks to save nukes, skirt legal challenges Regulators say three nuclear plants are essential to meeting state climate goals, but is their plan to save them legal? Utility Dive, By  | August 4, 2016  New York regulators approved an aggressive Clean Energy Standard this week that calls for 50% renewable energy and includes income supports to keep three upstate nuclear plants online. ……the order has been carefully crafted to pass federal or legal scrutiny, though a challenge is all but inevitable……

New York’s nuclear support is unique, in that it uses the federal government’s social cost of carbon as an integral part of the formula determining the level of financial support to plants. Regulators hope that formulation will insulate them from legal challenges, but the National Energy Marketers Association has argued that the nuclear supports are the same type of regulatory action invalidated by the Supreme Court in Hughes v. Talen Energy MarketingThe Natural Gas Supply Association has said the ZEC proposal steps into FERC’s territory…….
With parties on both sides of the issue staking out positions, a challenge in front of either federal regulators or a judge is likely. And because time is of the essence for these challenged plants, it remains unclear what impact a drawn out fight could have………
Potential legal challengesWith opposition to the CES bubbling among fossil fuel providers, its likely the decision will face some challenge, either regulatory or legal.

In the days after its announcement, much of the legal speculation has centered on Hughes v. Talen Energy Marketing.

In a unanimous decision in April, the U.S. Supreme Court rejected a controversial Maryland program to incentivize new in-state generation, finding that it intruded on federal authorities’ jurisdiction over wholesale energy markets.

That case is also being talked about in the context of Ohio’s struggles with uneconomic generation. A previous subsidy passed by that state was blocked by FERC, forcing the utilities to revise and reduce their subsidy proposals……http://www.utilitydive.com/news/with-clean-energy-standard-new-york-looks-to-save-nukes-skirt-legal-chall/423673/

August 5, 2016 Posted by | Legal, USA | Leave a comment

French trade unions consider further legal action against EDF’s Hi8nkley nuclear project

justiceflag-franceNow French want to block Hinkley nuclear plant with unions set to launch second legal challenge http://www.thisismoney.co.uk/money/markets/article-3720786/Now-French-want-block-Hinkley-nuclear-plant-unions-set-launch-second-legal-challenge.html By CITY & FINANCE REPORTER FOR THE DAILY MAIL, 2 Aug 16 Fresh fears have emerged over the future of Hinkley Point nuclear power station as French trade unions look poised to launch a second legal challenge against the project.

EDF gave its long-awaited approval for funding of the £18billion nuclear plant last week.

But yesterday it was claimed board members were only given 48 hours to read the 2,500-page proposal document before voting on the investment.  Complaints about the brevity of the two-day window have prompted French trade unions, who voted against the project, to consider further legal action against the energy company.

It follows an earlier legal bid from the unions over claims EDF did not provide enough information during the consultation on Hinkley.

EDF declined to comment.

August 3, 2016 Posted by | France, Legal | Leave a comment

Britain’s High Court rules that UK nuclear agency ‘manipulated’ £7bn clean-up contract

bribery handshakeflag-UKUK nuclear agency ‘manipulated’ £7bn clean-up contract High Court ruling exposes government to potential £200m damages claim Ft.com  by: Catherine Belton, 30 July 16  Britain’s Nuclear Decommissioning Authority “manipulated” and “fudged” a tender process for a £7bn contract to clean up the country’s nuclear power plants, the High Court has ruled.

The judgment, handed down on Friday, raises fresh questions over the way government entities hand out multibillion-pound contracts and casts further doubt on the UK’s nuclear industry a day after the government’s decision to launch a review of the £18bn Hinkley Point project. It could eventually cost the government hundreds of millions of pounds in damages.

The NDA said it was considering its legal options after the ruling, which found that it had wrongly awarded one of the government’s largest contracts to Babcock, the UK engineering company, and Texas-based Fluor……..

The court found that the NDA had “manipulated” the valuation process in order to avoid disqualifying the Babcock-Fluor bid. “In my judgment the NDA sought to avoid the consequence of disqualification by fudging the evaluation,” Justice Fraser wrote in his ruling.

He found that the NDA “fell short” in meeting its obligations of “transparency and equal judgment”……..

he contract involves the clean-up of 12 of the UK’s 25 nuclear sites, including the Sizewell, Hinkley and Dungeness “Magnox” nuclear power stations built in the 1960s which have reached the end of their lives.

The government is facing increasing scrutiny over its procurement process following the referral of G4S and Serco to the Serious Fraud Office for overcharging on electronic tagging contracts for offenders, and the West Coast main line rail franchising debacle two years ago. https://next.ft.com/content/7f11f174-55ad-11e6-9664-e0bdc13c3bef

July 30, 2016 Posted by | Legal, UK | Leave a comment

Legal dispute in Britain over £7bn nuclear waste clean-up contract

justiceflag-UKHigh court to rule on £7bn nuclear clean-up contract https://next.ft.com/content/5c2dbe24-4f39-11e6-8172-e39ecd3b86fc A win for Energy Solutions would raise questions about procurement process y: Gill Plimmer, 24 July 16 

Britain’s Nuclear Decommissioning Authority is in the High Court this week for the final ruling in a long-running damages claim on a £7bn deal to clean up Britain’s oldest nuclear power plants.

Energy Solutions, a US-based company, filed a high court writ in 2014 after losing the contract to engineering company Babcock and Texas-based Fluor. It had been managing the nuclear sites for 14 years and in documents filed to the court alleged that the NDA did not follow its own procedures when the new contract was awarded and that its point scoring system was flawed.

 It is trying to recoup the bid costs as well as the projected loss in profits over the life of the new 14-year deal.

At the heart of the dispute is one of the largest contracts ever put out to tender by the government, which involves about 3,000 workers cleaning 12 of Britain’s 25 nuclear sites. These include Sizewell, Hinkley and Dungeness — built in the 1960s to produce plutonium to make nuclear weapons but now at the end of their lives.

If the NDA loses the case it could cost the government hundreds of millions of pounds and will again raise questions over the way large and sensitive public-sector contractsare awarded.

The judgment is expected on July 29 and will rule whether the NDA made serious errors in awarding the contract. If so, there will be further hearings, which could stretch into 2017, to decide any payment for damages.

Although Energy Solutions competed for the contract in partnership with the US company Bechtel, Energy Solutions is taking legal action alone.

Energy Solutions, which has since been taken over by the construction and support services company Atkins, declined to comment. Atkins said it had “no economic interest in or any control over the resolution of the … claim, which has been retained by the remaining part of the Energy Solutions business”.

A series of botched contracts has raised concerns over the government’s procurement processes. The referral of G4S and Serco to the Serious Fraud Office for overcharging on electronic tagging contracts for offenders and the West Coast main line rail franchising debacle two years ago are among examples.

In 2012, FirstGroup won a 13-year deal to manage the rail network linking London to Scotland, only for Virgin Trains to challenge the decision in court and eventually force a government U-turn.

An NDA spokesperson said: “We continue to await the judgment being handed down and cannot comment before this time.”

 

July 25, 2016 Posted by | Legal, UK, wastes | Leave a comment

Washington State asks judge for immediate worker protection at Hanford

State asks judge for immediate protection at Hanford

State attorney general, others request injunction

Detail worker illnesses

Ask court to mandate supplied air respirators

TRI CITY HERALD, BY ANNETTE CARY acary@tricityherald.com  22 July 16 Washington state’s attorney general wants a federal judge to immediately protect Hanford workers from chemical vapors at the nuclear reservation’s tank farms.

The state alleges that safety measures at the tank farms have been reduced since it and others sued in September to better protect workers.

A request for a preliminary injunction was filed by the state on Thursday. It’s part of the federal court lawsuit that Attorney General Bob Ferguson filed against the Department of Energy and its tank farm contractor, Washington River Protection Solutions.

Seattle-based Hanford Challenge and Union Local 598 followed with a similar request for preliminary injunction.

The matter is not scheduled to go to trial until May 2017, and Ferguson and other plaintiffs in the consolidated lawsuits want a judge to step in sooner to ensure worker protection until the case is heard.

“We are acting today to protect the Hanford work force and end exposure to toxic chemical vapors at Hanford,” Tom Carpenter, executive director of Hanford Challenge, said in a statement. “Too many workers have already gotten sick and even disabled by brain and lung diseases.”

The state is asking that a judge order the mandatory use of supplied air respirators at all time for workers within the fence of Hanford tank farms, where waste is stored in underground tanks from the past production of weapons plutonium. The chemical vapors are associated with the waste in the tanks.

The Hanford Atomic Metal Trades Council, a coalition of 15 Hanford unions, made the same demand in June and then called a halt to work this month unless the demand was met. Washington River Protection Solutions has said it is now mandating supplied air respirators for any work done inside the tank farms.

The federal court filing also asks the judge to order mandatory use of the supplied air respirators in the area at least 200 feet outside the fence of tank farms if work that disturbs waste is being done within a farm.

It also would require barricading of roads and access points in the expanded area, called the vapor control zone.

The state also wants the judge to require immediate installation of improved monitoring and alarm equipment when waste is disturbed, which can cause the release of chemical vapors. The improved equipment would warn workers when vapors are emitted.

“I’ve been asking for months: How many sick Washington workers will it take before the federal government fixes this problem?” Ferguson said in a statement.

From April through June more than 50 Hanford employees were given medical evaluations for possible exposure to chemical vapors. Those with symptoms had nosebleeds, chest and lung pain, headaches, coughing, sore throats, irritated eyes and difficulty breathing, according to the lawsuit.

Worker descriptions of exposures over more than a decade are remarkably similar, according to court documents. Workers typically report a musty or metallic odor, followed by symptoms.

Documents filed by Hanford Challenge and Local 598 detailed some of the illnesses workers have experienced over the last 20 years after working in or near the tank farms……..

The state’s court documents say many of the exposures happened after work began this spring to empty a double-shell tank with an interior leak and transfer its contents to another tank, creating a high potential for vapor exposures in and around the transfer site.

As work progressed, Hanford officials repeatedly reduced the area in which workers were required to wear supplied air respirators based on sampling data, according to the state.

Two weeks later more than 40 workers received medical checks for possible chemical vapor exposure over a five-day period, the state said. Many of the exposures were outside tank farm fences, with some up to 200 feet away from the farms. http://www.tri-cityherald.com/news/local/hanford/article91011762.html

July 23, 2016 Posted by | Legal, USA | Leave a comment

As with tobacco, the climate wars are going to court

justiceclimate-change

Déjà vu: as with tobacco, the climate wars are going to court Skeptical Science 

18 July 2016 by dana1981, JohnMashey   Investigative journalism has uncovered a “web of denial” in which polluting industries pay “independent” groups to disseminate misinformation to the public and policymakers. The same groups and tactics were employed first by the tobacco industry, then fossil fuel companies. Big Tobacco has been to court and lost; now it’s Big Oil’s turn. Political leaders are choosing sides in this war.

Elizabeth Warren Rips Think Tanks & Policy Groups For Fake Climate Change Research

Research by Inside Climate News revealed that Exxon did top notch climate science research in the late 1970s and early 1980s, which revealed the dangers its products posed via climate change. Soon thereafter, Exxon launched misinformation campaigns by funding “think tanks” and front groups to manufacture doubt about climate science and the expert consensus on human-caused global warming.Exxon wasn’t alone. Koch Industries, Peabody Energy, and other fossil companies have similarly funneled vast sums of money to these groups. Last week, Senate Democrats, including presidential candidate Bernie Sanders and vice presidential contenders Elizabeth Warren and Al Franken signed a Resolution expressing congressional disapproval of the fossil fuel industry’s misinformation campaign.19 Senate Democrats also took to the floor of the Senate to speak out against the web of denial, with repeated references to the tobacco/fossil connections.
Senator Elizabeth Warren speaking about the web of denial on the Senate floor.

The climate battle goes to court

The fossil fuel industry has already put forth its best scientific argument in court,and lost. Now 17 state attorneys general, led by New York Attorney General Eric Schneiderman, have formed a coalition to investigate ExxonMobil’s activities. As Schneiderman put it:

The First Amendment, ladies and gentlemen, does not give you the right to commit fraud

However, Lamar Smith (R-TX), chairman of the House Science Committee, along with his Republican colleagues last week issued subpoenas to Schneiderman and Massachusetts Attorney General Maura Healey, accusing them of violating Exxon’s First Amendment rights. As Smith claimed:

The Committee has a responsibility to protect First Amendment rights of companies, academic institutions, scientists, and nonprofit organizations. That is why the Committee is obligated to ask for information from the attorneys general and others.

In this battle of First Amendment claims, Big Oil & Coal use the same argument as Big Tobacco, who lost.

The fossil fuel industry copied the tobacco playbook

Last century, we saw a similar battle with tobacco. By the 1950s, the tobacco industry knew that its products caused cancer and other diseases. They still marketed their harmful products to children, and soon created pseudo-academic institutes like the Council for Tobacco Research to cast doubt on smoking’s damage. However, the institutes’ connections to the tobacco industry were too obvious; they wanted “independent” voices.In the 1980s the Koch brothers started creating a vast web of “think tanks” that could simulate credible independence, funded via dark money, often tax-exempt. Big Tobacco eagerly joined, to “quarterback behind the scenes.” They contributed great marketing talent, some later hired by Kochs.As extensively documented at DeSmogBlog, Big Tobacco has long funded science-denying think tanks, such as the Heartland Institute, Heritage Foundation, Cato Institute, George Marshall Institute, American Legislative Exchange Council (ALEC), and Manhattan Institute, to name a few. ExxonMobil later funded these same groups.The fossil fuel industry has adopted the tobacco industry’s playbook, and shared the same web of denial. The Senate Resolution made this point, calling out both the tobacco and fossil fuel industries for having:

(A) developed a sophisticated and deceitful campaign that funded think tanks and front groups, and paid public relations firms to deny, counter, andobfuscate peer-reviewed science; and(B) used that misinformation campaign to mislead the public and cast doubt in order to protect their financial interest

Their tactics have grown more sophisticated, for example using money anonymizers like Donors Trust to ensure their “dark money” becomes even harder to trace.

The tobacco industry lost in court

In 1999, the US Justice Department filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit against the major tobacco companies and their associated industry groups. In 2006, US District Court Judge Gladys Kessler ruledthat the tobacco industry’s campaign to “maximize industry profits by preserving and expanding the market for cigarettes through a scheme to deceive the public” about the health hazards of smoking amounted to a racketeering enterprise. She wrote a clear statement, appealed fruitlessly by tobacco companies:

The First Amendment Does Not Protect Defendants’ False and Misleading Public Statements

The attorneys general investigating Exxon have a strong case that the fossil fuel industry is similarly guilty of racketeering by deceiving the public in order to maximize profits. Exxon and other fossil fuel companies knew of the dangers of carbon pollution more than three decades ago, and yet funneled tens of millions of dollars to think tanks that disseminate misinformation to try to convince the public and policymakers otherwise.Sharon Eubanks led the Justice Department trial team, as documented in the book Bad Acts: The Racketeering Case Against the Tobacco Industry and was a key contributor to the report Establishing Accountability for Climate Change Damages. Of the Exxon case, she said:

I think a RICO action is plausible and should be considered
The First Amendment defense of the fossil fuel industry by House Republicans simply doesn’t hold water. Defending the fossil fuel industry today is no different than defending the tobacco industry in the 1990s, as did Lamar Smith’s colleague“Smokey Joe” Barton (R-TX).Unsurprisingly, oil & gas is the top industry donor to Lamar Smith. History books will reflect poorly on those who sold out millions of peoples’ health for personal gain or industry profits, and on those who worked to destabilize the climate on which future generations will rely for the sake of their own political power orExxonMobil’s record profitshttp://www.skepticalscience.com/deja-vu-climate-wars-going-to-court-like-tobacco.html

 

July 20, 2016 Posted by | climate change, Legal, USA | Leave a comment

Lawsuit against USA’s The Federal Energy Regulatory Commission (FERC)’s rules disincentivising renewable energy

justiceFlag-USADid An Entire Region Of The U.S. Just Disincentivize Renewables? This Lawsuit Says Yes. Climate Progress BY SAMANTHA PAGE JUL 15, 2016 DURING THE POLAR VORTEX OF 2014, POWER COMPANIES STRUGGLED. THERE WASN’T ENOUGH NATURAL GAS POWER IN THE PIPELINE (PUN INTENDED), AND PRICES SKYROCKETED.

The shortage was expensive for homeowners — some saw their monthly bill go up five-fold from January to February — but for utilities, it was expensive, dangerous, and scary. No one wants to be on the hook for a bunch of families losing power in the middle of a -7°F night.

Following the prolonged cold snap, PJM, the entity that oversees utilities in the Mid-Atlantic and parts of Appalachia and the Midwest, put a plan into action: It would help the local utilities ensure that power was more reliable. To do this, PJM fast-tracked new rules for capacity resources — an industry phrase for guaranteed electricity supply. The Federal Energy Regulatory Commission (FERC) approved the new rules last May.

But now four environmental groups, including the Natural Resources Defense Council and the Sierra Club, have announced a lawsuit against FERC, saying the rules are going to cost consumers and are unduly burdensome to renewable energy.

Under the new rules, renewable energy providers, such as solar and wind companies, will have a hard time participating in PJM’s capacity market, where utilities pay to make sure that they have a certain amount of electricity guaranteed in future years. The new rules require the providers in the market to be able to provide consistent production year-round, whereas wind and solar perform better during different parts of the year.

“The new rules will funnel billions of dollars from electricity consumers to fossil and nuclear power plants while severely limiting clean energy participation in PJM’s capacity market,” writes Jennifer Chen, an attorney with NRDC’s Sustainable FERC project……..

Chen and her colleagues argue that making it difficult for renewables (and demand response) to participate in the capacity market will push the auction prices higher — prices that, again, will be passed on to consumers, while disincentivizing developers and investors from pursuing renewable energy projects in PJM.

“The way that PJM’s rules operate basically doesn’t acknowledge the contribution of anything but fossil fuel resources that operate year-round,” Casey Roberts, an attorney for the Sierra Club, told ThinkProgress. “What regulators need to bring about a smarter energy future is rules that are more flexible and recognize the different capabilities that different resources offer.”

The irony of the new PJM rules is that during the polar vortex, wind performed incredibly well, saving consumers $1 billion in electricity costs, according to research by the American Wind Energy Association……..

environmental groups will put the pressure on FERC to reconsider the rule. The lawsuit will be filed in the D.C. Circuit Court of Appeals. http://thinkprogress.org/climate/2016/07/15/3798275/renewables-deserve-capacity-markets-too/

July 20, 2016 Posted by | Legal, renewable, USA | Leave a comment

Illegal to use Trident nuclear missile, so it should be phased out

justiceflag-UKUsing Trident would be illegal, so let’s phase it out https://www.theguardian.com/commentisfree/2016/jul/15/trident-illegal-nuclear-britain-arsenal Geoffrey Robertson, 15 July 16 
Nuclear doom is nearer than most of us believe, experts warn. Britain must set a moral lead by becoming the first of the ‘big five’ powers to reduce its arsenal 
  The most portentous decision for every new prime minister is what to write in the secret “letter of last resort” to Trident submarine commanders telling them what to do with their nuclear missiles if the British government is wiped out. In Monday’s debate on the renewal of Trident, Theresa May should tell parliament what life-or-death decision she has made in her letters of last resort.

It is said that Margaret Thatcher ordered our nukes, trained on Moscow, to be fired so as to cause maximum destruction to the enemy – ie to its civilians. That order, even for a nuclear “second strike”, would today be illegal.

It is ironic that although Chilcot produced so much condemnation of Blair for joining an unlawful war, MPs are now being asked to vote for a weapons system that cannot be used without committing a crime against humanity. This was defined in 1998 by the Rome Statute, which set up the international criminal court, as “a systematic attack directed against a civilian population, resulting in extermination or torture, or an inhumane act intentionally causing great suffering”.

The same statute additionally makes it a war crime to intentionally launch an attack in the knowledge that it would cause incidental loss of civilian life or severe damage to the natural environment, out of proportion to military advantage.

Trident’s 200 thermonuclear bombs, each 10 times more powerful than those that struck Hiroshima and Nagasaki, are illegal because they cannot discriminate between military targets and hospitals, churches and schools; because of their capacity to cause untold human suffering for generations to come; and because their consequences (eg ionising radiation, which tortures victims and lingers for half a century) are beyond the control or knowledge of the attacker, who cannot judge the proportionality of their use.

submarine-missile

As the international court of justice put it, back in 1996: “The destructive power of nuclear weapons cannot be contained in space or time. They have the potential to destroy all civilisation and the entire ecosystem of the planet.”

So why is our law-abiding government spending tens of billions on a weapons system that cannot lawfully be used?

First, because its advisers wrongly think that nuclear weapons are legal in certain circumstances. Back in that 1996 case, the UK argued that it could lawfully drop “a low-yield nuclear weapon against warships on the high seas or troops in sparsely populated areas”.

This scenario has now been shown up as fantastical: “first use” in these circumstances by the UK would trigger a nuclear reprisal with inevitable damage to the atmosphere, the oceans and the “sparsely populated” area (which would henceforth be entirely unpopulated). In any event, Trident’s weapon-bays will not carry “low-yield” bombs, and if they did the result would be better achieved by conventional weapons, making nuclear deployment unnecessary and disproportionate.

The world court ruled that the threat or use of nuclear weapons would “generally” be contrary to war law but might be lawful “in extreme circumstances of self-defence, in which the very survival of a state would be at stake”. This was a time-warped view of war law in 1996 that is not tenable today. The court, to be fair, predicted as much, saying that it expected international law to “develop” towards a total ban on the use of the bomb. It soon did, with the Rome Statute and subsequent development of the principle that a state has no right to preserve itself at the expense of damage to other states and to the rights to life of millions of citizens.

It is absurd to suggest that it would have been lawful for Hitler, his back to the bunker wall, to start a nuclear Götterdämmerung to save the Nazi state (Nuremberg decided it was not lawful for him even to fire doodlebugs). Given what we now know about the uncontrollable and devastating propensities of modern nuclear weapons, it is unlawful to fire them at all.

There is a further legal reason for allowing Trident to wear out. It is Article VI of the nuclear proliferation treaty (NPT), by which parties undertake to proceed in good faith to “general and complete” nuclear disarmament.

The world court’s 1996 ruling decided that this imposed not a “mere” obligation but a binding legal obligation on existing nuclear states to reduce the number of their bombs gradually, to zero. It is contrary to the spirit of article VI to upgrade rather than downgrade the fleet.

A decision to phase out Trident would help Britain recover some of the clout it has lost through Brexit. It would show moral leadership, and shame other nuclear powers that have failed to live up to their NPT obligations (especially the US; President Obama’s Nobel prize was prematurely awarded in part for envisaging “a world without nuclear weapons”).

Moral leadership from a nuclear-weapons state is urgently needed. The latest US defence budget allocates $1tn for future modernisation of its nukes and it has acquired new sites for them, in Poland and Romania. President Putin has promised in return a new generation of nuclear-tipped intercontinental ballistic missiles. The American most knowledgeable on the subject – Bill Clinton’s defence secretary William J Perry – has just published a book warning that “nuclear doom” is closer today than it ever was during the cold war.

Although possession of nuclear weapons is not per se unlawful, the UK is under a duty to reduce its arsenal: the vice of refurbishing Trident is that it encourages other states to do the same, and remains a constant stimulus for countries – particularly in the Middle East and Asia – to acquire arsenals of their own.

When negotiating to buy Polaris (Trident’s predecessor), back in 1962, Harold Macmillan confided in his diary that “the whole thing is ridiculous”, but consoled himself with the thought that “countries which have played a great role in history must retain their dignity”.

A half-century later, the best way for Britain to regain its dignity post-Brexit is not to throw vast sums of money away on a weapon that cannot lawfully be used, but rather to appear as the first of the “big five” powers to shoulder its legal obligation to disarm under article VI of the NPT. It will be many years before the mushroom cloud becomes a hallucination, but at least Britain would be able to boast that it had led the way.

July 16, 2016 Posted by | Legal, Reference, UK, weapons and war | Leave a comment

Again, a Japanese court blocks restart of 2 nuclear reactors

judge-1flag-japanJapan court again blocks restart of 2 nuclear reactors, Nikkei Asian Review, 13 July 16  OSAKA — Handed another defeat by a Japanese court on Tuesday, Kansai Electric Power likely will not be able to run any of its nuclear power plants for at least six months, a major setback for a utility facing intense competition from industry newcomers.

The Otsu District Court in Shiga Prefecture rejected the company’s objection to an injunction issued in March that suspended operation of the Nos. 3 and 4 reactors at the Takahama nuclear plant in neighboring Fukui Prefecture. The presiding judge was the same as when the injunction was issued.

 Expecting this outcome, Kansai Electric has already started removing nuclear fuel from the two reactors.

The Osaka-based company had been banking on the restart of nuclear power stations for an earnings recovery. Its medium-term business plan released in April set a pretax profit target of 300 billion yen ($2.87 billion) on the assumption that most of its nuclear reactors will be back online by fiscal 2025.

Assuming that its earnings would improve by about 10 billion yen a month if the two Takahama reactors went back onstream, Kansai Electric had intended to lower its power rates to compete on a better footing with newcomers expected to enter the market following deregulation in April. But it was forced to scrap its plan to cut rates after the court ordered the two reactors — reactivated in January and February — shut down in March.

Since April, Kansai Electric has lost more than 200,000 customers to Osaka Gasand other power providers. ……..http://asia.nikkei.com/Business/Companies/Japan-court-again-blocks-restart-of-2-nuclear-reactors

July 13, 2016 Posted by | Japan, Legal | Leave a comment