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High Court orders withdrawal of criminal charges against Kudankulam protestors

flag-indiaHC notice to Govt for withdrawal of cases against anti-nuclear
activists http://www.thehindu.com/news/national/tamil-nadu/hc-notice-to-govt-for-withdrawal-of-cases-against-antinuclear-activists/article4825993.ece  , 18 June, 13 The Madras High Court on Tuesday ordered issueof notice to Tamil Nadu Government asking why steps were not taken to withdraw cases filed against anti-nuclear activists protesting against Kudankulam Nuclear Power Project.

First Bench comprising Acting Chief Justice Rajesh Kumar Agrawal and
Justice M. Sathyanarayanan, ordered notice to the state government and
sought reply within three weeks.

The notice was issued on a petition which sought a direction to the
state government to withdraw all criminal cases filed against
anti-nuclear activists, who have been protesting against the
Indo-Russian project in Tirunelveli District.

The petition referred to the Supreme Court’s direction to the state
government to withdraw all criminal cases against the protestors.

June 19, 2013 Posted by | India, Legal | Leave a comment

Legal fights loom, as USA’s nuclear plant dominoes fall

The news in both the California and Kentucky cases also goes to show that the Attorney Age has banished the Atomic Age. The most important line in the SCE news release is the last one: “SCE intends to pursue recovery of damages from Mitsubishi Heavy Industries, the supplier of the replacement steam generators … ” Likewise, USEC filed suit against the Department of Energy on May 30. Nuclear energy, once billed as providing unlimited power, is fulfilling its promise—the power of lawyers. “Don’t radiate: Litigate!” may be coming soon to a button or bumper-sticker near you.

nuclear-dominoesNuclear Dominoes Fall in California and Kentucky Neighbors for an Ohio Valley Alternative http://ecowatch.com/2013/nuclear-dominoes-fall-in-california-and-kentucky/    By Geoffrey Sea  7 June 13,   [Read Part IPart IIPart III and Part IV of this series] Southern California Edison (SCE) has abandoned plans to restart its two nuclear reactors at San Onofre. The announcement this morning comes exactly one week aftertermination of operations at the Paducah, Kentucky, uranium enrichment plant, which for decades had provided the fuel for San Onofre. It drops the number of operating nuclear reactors in the U.S. below one hundred for the first time since the early 1980s.

The San Onofre decision ends 18 months of wrangling between the utility and environmental opponents, after serious leaks were detected in a steam generator that had been newly installed. The news release by SCE has a detectable tone of relief that the company will no longer have to defend the indefensible. Similar tones have emanated from the Washington headquarters of the Department of Energy (DOE) around the Paducah decision, sending a message that the era of illegalities involving USEC privatization may be nearing an end. Continue reading

June 10, 2013 Posted by | Legal, USA | Leave a comment

Suicide of Fukushima farmer: TEPCO admits culpability

Fukushima operator admits culpability by: Shingo Ito From: AAP June 06,  JAPAN’S Tokyo Electric Power has conceded the Fukushima disaster played a part in a farmer’s suicide, lawyers said, its first admission of culpability in such a case.

The utility, known as TEPCO, has reached an out-of-court settlement with the bereaved family of Hisashi Tarukawa, a Fukushima farmer who took his own life days after the Fukushima Daiichi nuclear power plant went into meltdown.

It was the first time the company has accepted in a settlement that the nuclear disaster at its plant was a factor in a suicide, the lawyers said, adding that terms of the settlement package were not being made public. The 64-year-old hanged himself from a tree in a vegetable field after authorities banned shipments of some farm produce from Fukushima because of fears it was contaminated by radiation.

“I just didn’t want TEPCO to keep saying no one was killed because of the nuclear accident,” said Kazuya Tarukawa, the dead man’s 37-year-old son.He said he still wanted the company to make an official apology for his father’s suicide.

“Does TEPCO think everything is finished if money is paid?” he said.”I want them to come to my house under the name of the company and bow to my father’s altar. My fight is not over yet.”

TEPCO refused to comment on the details of the settlement. http://www.news.com.au/breaking-news/world/fukushima-operator-admits-culpability/story-e6frfkui-1226659001710#ixzz2VZUeJYmy

June 8, 2013 Posted by | Fukushima 2013, Japan, Legal | Leave a comment

Travesty of justice – Bradley Manning on trial

Manning,-BradleyThe United States should be in the dock, not Bradley Manning, The Independent, Owen Jones, 2 June 2013   The whistleblower has allowed us to scrutinise the hidden realities of US power “…..Today, American hero stands in the dock,  damned for a relatively tiny ray of light he shone on the darker recesses of this elite. Over three years ago, US soldier Bradley Manning – even now just 25 years old – leaked 250,000 US diplomatic cables and half a million army reports. There has never been a bigger leak of classified material in the history of the United States.

His punishment has already been severe. According to Juan Méndez, the UN special rapporteur on torture, he has faced cruel, inhuman and degrading treatment. For months, he was deprived of human contact. He was stripped of his clothes, left without privacy, and forced to sleep without any darkness. In 2011, P J Crowley was forced to resign as the US state department’s official spokesman after slamming Manning’s treatment as “ridiculous and counterproductive and stupid”. Continue reading

June 4, 2013 Posted by | Legal, Reference, USA | Leave a comment

Compensation for Fukushima evacuees’ radiation anxiety

justiceFukushima Evacuees To Get Radiation Uncertainty Compensation http://www.rttnews.com/2128844/fukushima-evacuees-to-get-radiation-uncertainty-compensation.aspx?type=gn&utm_source=google&utm_campaign=sitemap 6/3/2013   A government-backed arbitration body in Japan directed the operator of the tsunami-wrecked Fukushima nuclear power plant to pay compensation to former residents of a district for radiation exposure and future healthuncertainties.

As per a directive issued by the Nuclear Damage Claim Dispute Resolution Center, the Tokyo Electric Power Company (TEPCO) has to pay about $10,000 each to pregnant women and those aged below 18 years. The other residents of Nagadoro district would get $5,000 each, Japanese media reported on Sunday.

Nagadoro is near the Fukushima plant where radiation levels remain high and it is the only district that the government declared uninhabitable for a long period.

An evacuation order for the area was issued more than a month after the nuclear accident on March 11, 2011. The arbitrators accepted the residents’ claim of fear and anxiety as they had lived without any protection against high radiation doses because of their delayed evacuation. The residents had already received compensation for having to evacuate, but the amount did not cover health anxieties. Lawyers representing the residents said it was for the first time that compensation for health anxietywas granted.

The massive tsunami severely damaged four reactors at the Fukushima plant north of Tokyo, knocking out its cooling systems and triggering meltdowns and radiation leaks. Tens of thousands of people fled their homes in the worst atomic disaster since the 1986 Chernobyl nuclear accident.

June 4, 2013 Posted by | Fukushima 2013, Japan, Legal, psychology - mental health, social effects | Leave a comment

Uranium and thorium distribution rules, from NRC

NRC Finalizes Rules on Using & Distributing Uranium & Thorium http://smnewsnet.com/archives/66243   2 June 13,  The Nuclear Regulatory Commission is amending its regulations for products and materials containing unenriched uranium and thorium, also known as source material. The changes include new requirements for distributing source material and licensing its use.

Manufacturers and importers of products that can be used without a license—such as welding rods and gas lantern mantles that contain thorium, and decorative glassware containing uranium—will now need to apply to the NRC for specific licenses to distribute these products. Such licenses will impose new requirements for labeling, quality control, reporting and recordkeeping.

The new regulations also modify distribution, possession and use requirements for small quantities of source material that can be used or transferred without a specific license. Distributors of small quantities must now apply for specific licenses. For source material being processed or in a dispersible form, such as liquid or powder, the limit on the use or transfer at any one time without a license is decreasing from 15 to 3.3 pounds; the annual limit will drop from 150 to 15.4 pounds. Limits are not changing for anyone possessing source material in a solid, non-dispersible form (such as display samples of depleted uranium metal), removing uranium from drinking water, or determining the concentration of uranium and thorium in a material at a laboratory.

Finally, the new regulations expand the exemption from licensing for optical lenses containing thorium to include lenses and mirrors coated with or containing uranium or thorium. These products are typically used in lasers or other high-technology optical systems.
These new license requirements and possession limits are intended to ensure those who possess source material do so safely, and that the NRC has a better understanding of how much source material is being distributed annually.

June 4, 2013 Posted by | Legal, Reference, Uranium, USA | Leave a comment

Northern Saskatchewan First Nation to drop lawsuit, signs up with uranium companies

Northern Saskatchewan First Nation signs uranium mining deal worth $600 million http://www.newstalk650.com/story/northern-saskatchewan-first-nation-signs-uranium-mining-deal-worth-600-million/112624 Agreement with mining giants Cameco and Areva calls for First Nation to drop lawsuit over proposed mine by Nigel Maxwell May 31, 2013 The English River First Nation in northern Saskatchewan has signed a deal with Uranium mining giants Cameco and Areva worth $600 million.

Much of money is to flow to the First Nation over 10 years through contracts with band-owned businesses and wages to band members who would work at the mines and on community development projects.

Part of the agreement calls for the First Nation to drop a lawsuit over land near the proposed Millennium mine project.

Some members of the band have raised concerns about the environmental impact of more uranium in the area.

June 1, 2013 Posted by | indigenous issues, Legal, Uranium, USA | Leave a comment

Radiation affected people outside Fukushima seek compensation

justiceflag-japanHundreds seek compensation in Japan nuclear crisis http://timesofindia.indiatimes.com/world/rest-of-world/Hundreds-seek-compensation-in-Japan-nuclear-crisis/articleshow/20177997.cms
AP | May 21, 2013 TOKYO: Hundreds of people living just outside Japan’s Fukushima prefecture say they have been denied adequate compensation after the country’s 2011 nuclear disaster despite suffering elevated radiation levels.

Nearly 700 residents from Hippo district in Miyagi prefecture, just northeast of Fukushima, filed a claim Tuesday with a government arbitration office demanding that they be given the same compensation as residents of Fukushima. Continue reading

May 22, 2013 Posted by | Japan, Legal | Leave a comment

Anti nuclear nun in gaol for “crimes of violence”

OakRidge-activistsFeds Say Peace Activists Who Trespassed Onto Nuclear Facility Are A National Security Threat http://www.huffingtonpost.com/2013/05/20/peace-activists-nuclear_n_3306170.html  Radley Balko, 20 May 13, 

05/20/2013 11:13  In another case of possible overreach by federal prosecutors, an 82-year-old nun and two anti-nuclear activists face long prison terms after being convicted of “sabotage against the U.S. government” and other serious felonies. In truth, the three trespassed onto a nuclear facility, and damaged and vandalized some government property. Their most serious offense may have been to expose lapses in federal security at a nuclear weapons production facility.

In June of last year, peace activists Sister Megan Rice, 82, Greg Boertje-Obed, 57, and Michael Walli, 63, were able to access the Highly Enriched Uranium Materials Facility at the Y-12 nuclear weapons plant in Oak Ridge, Tenn., simply by cutting through a series of chain-link fences. The three then unfurled banners, spray-painted on the building, sang hymns and prayed until security finally arrived to arrest them.

As the activist site Common Dreams reports, over the next several months federal prosecutors applied increasingly serious charges to the activists, and this monthultimately convicted them of serious felonies that could carry long prison sentences. The three were convicted of “crimes of violence,” and will remain incarcerated until their sentencing in September, though the group didn’t harm anyone and carried with them messages of peace and nonviolence.

The severity of the charges may be more of a response to the public embarrassment the break-in caused for the Obama administration than to actual criminal culpability. In reporting on the case last August, for example, The New York Times reported that nuclear experts were calling the protest “the biggest security breach in the history of the nation’s atomic complex.” The paper called the fiasco a “huge embarrassment for President Obama,” and said that the three protesters had “made nuclear theft seem only a little more challenging than a romp in the Tennessee woods.”

The case is the latest of several — including the January suicide of Internet activist Aaron Swartz – to demonstrate the immense charging power of prosecutors. Some critics say these cases show an out-of-control federal justice system that allows politically motivated prosecutors to use criminal sanctions to target critics, make examples of protesters, or discourage those who seek to expose government lapses, abuses, and oversights.

May 21, 2013 Posted by | Legal, USA | Leave a comment

Whistleblower’s court victory on unsafe nuclear plant conditions – company will appeal

Firm to appeal nuclear plant whistleblower case KSN.com, By The Associated Press, May 20, 2013 WICHITA, Kan.  — An engineering firm accused of firing a whistleblower for reporting unsafe conditions at an eastern Kansas nuclear power plant plans to appeal the ruling by federal regulators, the firm said Monday.

 KSN.com 20 May 13The Labor Department’s Occupational Safety and Health Administration found Enercon Services violated whistleblower protections when it retaliated against an engineer for raising concerns during construction work at the Wolf Creek nuclear power plant in Burlington.

The company was ordered to pay $261,152 in back wages, damages and interest, plus attorney’s fees. OSHA found it violated the whistleblower protections of the Energy Reorganization Act (ERA), OSHA said Monday.

“Professionals who work in the nuclear power industry have a right and responsibility to express their professional opinion and report safety-related concerns,” OSHA acting regional administrator Marcia Drumm said in a news release. “The department’s responsibility is to protect all employees from retaliation for exercising basic worker rights. The ERA protects the workers, who, in turn, protect the public.”

OSHA said any appeal would go to the department’s Office of Administrative Law Judges….. OSHA’s investigation concluded the engineer was fired in January 2012 for reporting breaches of minimum soil coverage caused by a trench dug during construction work and for refusing to provide an engineering justification for the use of concrete as backfill. He was fired a few days later. http://www.ksn.com/2013/05/20/firm-to-appeal-nuclear-plant-whistleblower-case/

May 20, 2013 Posted by | Legal, USA | Leave a comment

British atomic veteran not giving up his fight for justice

Fife Christmas Island veteran vows to fight on with campaign http://www.thecourier.co.uk/news/local/fife/fife-christmas-island-veteran-vows-to-fight-on-with-campaign-1.91551 By MICHAEL ALEXANDER, 9 May 2013 

A Fife Christmas Island veteran who recently won a legal fight against the Ministry of Defence (MoD), has vowed to continue his fight for “the truth”, despite 12 ex-servicemen losing their appeal to be granted a war pension.

Dave Whyte, 76, of Kirkcaldy, told The Courier that, thanks to his recent freedom of information victory over the MoD, he can now “prove beyond doubt” that he was exposed to massive levels of unsafe radiation following the British nuclear tests carried out in the 1950s.He remains adamant the whole situation is a “cover up” by the MoD to protect the civilian nuclear industry.

Mr Whyte took the MoD to court last year for refusing to supply him with information about radiation levels he and thousands of veterans were exposed to while serving in the armed forces. Continue reading

May 20, 2013 Posted by | Legal, UK, weapons and war | Leave a comment

Legal battle looms over Belgium’s nuclear energy plans

Belgium may face legal battle after 2 nuclear reactors get green light Euro News, 19 May 13 Greenpeace are threatening to sue the Belgian government. The leading environmental activist network is threatening legal action after Belgium’s nuclear safety regulator gave the green light to GDF Suez to go ahead and restart two nuclear reactors.

However, during a news conference, the Belgian Interior Minister, Joelle Milquet claimed that the government does not have the
power to block the move….. Last year two nuclear reactors were closed after safety concerns were flagged up in their their tanks, during an ultrasound check.

Greenpeace says it is the government’s responsibility to guarantee the safety of the Belgian people.

“We will summon the government for the lack of decent emergency plan and at the same time they increase the risks of a nuclear accident,” says Greenpeace Belgium energy campaigner Eloi Glorieux.http://www.euronews.com/2013/05/17/belgium-may-face-legal-battle-after-2-nuclear-reactors-get-green-light/

 

May 20, 2013 Posted by | EUROPE, Legal | Leave a comment

Judge rules to keep ban on new uranium mining in grand Canyon

grand-canyonJudge Rejects Uranium Mining Industry Attempt to Repeal Ban on Grand Canyon Mining, Earth Justice Ted Zukoski Ruling again rejects attack on DOI’S authority to temporarily protect lands MAY 16, 2013  GRAND CANYON NATIONAL PARK, AZ  —

  U.S. District Judge David Campbell today denied a uranium industry motion to reconsider his March 20, 2013 ruling that rejected the attempt to overturn the Obama administration’s ban on new uranium mining claims on one million acres near the Grand Canyon.  The ban was adopted in January 2012 to protect the Grand Canyon’s watersheds.  The withdrawal prohibits new mining claims and development on old claims that lack “valid existing rights” to mine.“It’s another good day for the Grand Canyon, and for rivers, wildlife, and communities across the West,” Continue reading

May 18, 2013 Posted by | Legal, Uranium, USA | Leave a comment

A trial -like licensing procedure for San Onofre nuclear plant

Damaged California Nuclear Plant Faces Restart Safety Hearing WASHINGTON, DC, May 14, 2013 (ENS) –Southern California Edison’s request to restart its San Onofre Nuclear Generating Station will be decided by the Nuclear Regulatory Commission only after a formal license amendment proceeding with full public participation, an adjudicatory panel has ruled. A three-judge panel of the Atomic Safety and Licensing Board today granted Friends of the Earth’s petition for a hearing on the NRC’s Confirmatory Action Letter process covering steam generator issues at the San Onofre nuclear power plant.

Southern California Edison had asked the NRC for permission to restart the Unit 2 reactor by this summer and run it at partial power – a request the agency had indicated it would grant with no prior public hearing.

“This ruling is a complete rejection of Edison’s plan to restart its damaged nuclear reactors without public review or input,” said Damon Moglen, energy and climate director for Friends of the Earth.

“The ASLB has announced that the restart plan is an ‘experiment’ and calls the tube wear at San Onofre’s defective steam generators ‘unprecedented,’ as we have asserted all along,” said Moglen.

Southern California Edison must now undergo a trial-like license amendment process before a judge, including public hearings, sworn testimony from expert witnesses and rules of evidence……
U.S. Senator Barbara Boxer said in a statement that the Board’s order sets “a legal framework for a full public hearing before any final decision on the restart of the San Onofre nuclear power plant is made by the NRC.”

“It is a comfort to me that the safety board stood up for what is right,” said Senator Boxer.

“Given that the NRC commissioners asked the Board to undertake this review and given that these judges were appointed by the NRC, I expect the commissioners to follow their lead,” said the California Democrat who chairs the Senate Environment and Public Works Committee that oversees the NRC.

The Board’s ruling requires a license amendment because the restart plan is an ‘experiment’ under Section 5090(ii) of NRC regulations, which would allow the unit to operate beyond the scope of the existing license and without compiling with applicable technical specifications……. http://ens-newswire.com/2013/05/14/damaged-california-nuclear-plant-faces-restart-safety-hearing/

May 16, 2013 Posted by | Legal, USA | 1 Comment

Nuclear Regulatory Commission allows Indian Point to operate without a license

exclamation-Indian Point To Become First Nuclear Plant To Operate With Expired License http://newyork.cbslocal.com/2013/05/13/indian-point-to-become-first-nuclear-plant-to-operate-with-in-bedexpired-license/ License To Expire In Late Sept, Renewal Process Will Take At Least A Year May 13, 2013 TARRYTOWN, N.Y. (CBSNewYork/AP) — One of two reactors at the Indian Point nuclear plantnorth of New York City will soon be operating with an expired license.

Nuclear Regulatory Commission officials said Monday that the situation resulted in part from a complicated reactor-Indian-Pointlicense-renewal process for nuclear reactors, the Journal News reported.

Indian Point 2′s 40-year license expires on Sept. 28. NRC regional administrator Bill Dean said that’s at least a year before any decision will be made on whether to extend it for another 20 years. Dean said the reactor can keep operating because Entergy Nuclear, its owner, filed for renewal more than five years before the expiration date.

Dean and other NRC staff members will hold a public meeting in Tarrytown on Tuesday about the plant’s 2012 safety assessment.

Environmental groups planned to release their own safety reports on Indian Point on Tuesday.

According to the NRC, Indian Point will have the only nuclear reactor in the country operating without a license.

Environmental groups have called for the plant’s closure due to its location in a densely populated area.Gov. Andrew Cuomo has called for the closure of Indian Point, the Journal News reported.

May 14, 2013 Posted by | Legal, USA | 1 Comment