Court ruling an indirect EJ victory for Western Shoshone Indian Nation!

This Jan., 2004 photo by Gabriela Bulisova shows the frame of a sacred ceremonial Western Shoshone sweat lodge, with Yucca's west face in the background.As reported by the Las Vegas Review Journal, U.S. Senator Harry Reid (Democrat-Nevada), Majority Leader, called today's decision by the Federal Court of Appeals for the District of Columbia Circuit regarding the Yucca Mountain, Nevada high-level radioactive waste dump "an important win in the long battle to put the ill-conceived Yucca Mountain project permanently to rest." The three-judge federal appeals panel ruled against a lawsuit filed by the States of Washington and South Carolina, Aiken County (South Carolina), and three private (nuclear industry affiliated) businessmen in Washington State seeking to block the Obama administration's cancellation of the Yucca dump.

July seems to be the month for major Yucca decisions. On July 9, 2002, the U.S. Senate voted 60 to 39 to allow the U.S. Department of Energy to proceed with a construction and operations license application to the U.S. Nuclear Regulatory Commission, which George W. Bush signed into law two weeks later. Then, on July 9, 2004, the DC Circuit Court of Appeals (although comprised of a different three judge panel) ruled in favor of the State of Nevada and an environmental coalition, ordering the U.S. Environmental Protection Agency back to the drawing board on its Yucca regulations (EPA had wanted to cut off regulations at 10,000 years, long before Yucca's worst radiation releases downstream; under court order, EPA acknowledged in 2008 that high-level radioactive waste at Yucca would remain hazardous for a million years!).

Although a major battle victory, today's ruling does not end this 25+ year long war over the Yucca dump. Under law, the NRC has until later this year (with the possibility for a one year extension) to issue a final "yea or nay" on DOE's 2008 Yucca application. In March 2010, Obama Energy Secretary Steven Chu moved to withdraw the application, but in late June 2010 a panel of three administrative law judges at NRC (the Atomic Safety (sic) and Licensing Board, or ASLB) rejected the motion. The five NRC Commissioners have yet to sustain or overrule the ASLB ruling.

Reflecting the national significance of this court ruling is the widespread media coverage: Associated Press; The Hill (times two!); Hanford News and Tri-City Herald (Washington State); Augusta Chronicle (Georgia). The coverage is likely to expand as word spreads.

Planned uranium mine in Mali cancelled!

From our colleagues in Mali comes this piece of good news: "Following different activities of our friends in Mali (West Africa), Many CAMARA, Nouhoum KEITA and many others of ARACF (the association of present and former inhabitants of Falea); following the solidarity activities of the Forum Civique Europeen (European Civil Forum), the City of Geneva (Switzerland) and friends such as Agnes SINAI, Jacques MIRENOWICZ; thanks to the contributions of partners such as Senancounia and now the visit of the delegation of Mme Eva JOLY, Michel RIVASI and CRIIRAD (Independent French Committee of Research and Information on Radioactivity) from 26 to 30 of March, 2011,
the President of the state of Mali (West Africa), Amadou Toumai Toure just declared that there will NOT be a uranium mine in Falea. Falae will not be transformed into a uranium wasteland ...
We hope that the decision of the chief of state of Mali will not just be a promise made due to the circumstances (Fukushima).

Radioactive "cargo" on the Great Lakes would violate Haudenosaunee 7th Generation Philosophy

The Great Lakes and St. Lawrence River contain 20% of the world's surface fresh water.An op-ed in the Toronto Star by associate professor of environment at the University of Toronto, Stephen Bede Scharper, points out that in addition to being the drinking water supply and source of fisheries, the Great Lakes are also the source of emotional and spiritual sustenance for more than 35 million people in the U.S., Canada, and numerous Native American First Nations. Thus it's easy to see how Bruce Power's shipment of 16 plutonium-contaminated steam generators on the Great Lakes, approved by the Canadian Nuclear Safety (sic) Commission on Feb. 4th, would violate not only the Haudenosaunee Seventh Generation Spiritual Philosophy, but also the Preautionary Principle. Speaking of the Haudenosaunee, the Mohawk Nations have spoken out strongly against this shipment, as have a number of other First Nations coalitions in Ontario and Quebec. The fight now may now be moving into the Canadian courts, as well as to the U.S. Department of Transportation's Pipelines and Hazardous Materials Safety Administration. PHMSA's approval is required before the shipment can enter U.S. waters on the Great Lakes. A growing environmental coalition is calling on PHMSA to undertake a full Environmental Impact Statement, complete with public heaings and a public comment period.

Mohawk Nation communities condemn CNSC for approving radioactive waste shipment through their territories

The Mohawk Nation communities of Akwesasne, Kahnawake, and Tyendinaga have issued a strongly worded statement condemning the Canadian Nuclear Safety (sic) Commission's approval of Bruce Power's application to ship 16 radioactive steam generators through their territories via the Great Lakes and St. Lawrence River to Sweden for so-called "recycling."

"We wish to make it clear that we are absolutely, 100% against this plan," said Tyendinaga Grand Chief Don Maracle. "We have an obligation to protect Mother Earth and her inhabitants. We would be derelict in our duties if we turned a blind eye to this dangerous plan."

"The St. Lawrence River provides drinking water to some 40 million people," said Kahnawa:ke Grand Chief Michael Ahrihron Delisle, Jr. "But for us, it's much more than that. If there is an accident, there is no place for us to go. This is our home. We cannot and will not tolerate the passage of nuclear waste through our Territory. There is no excuse for this to take place."

"It is disturbing that the CNSC has placed the interest of Bruce Power before the concerns shared by our Mohawk brothers and sisters," said Akwesasne Grand Chief Mike Kanentakeron Mitchell. "We were never consulted even though the shipment is planned to pass through our territorial waters. As a result, we condemn the Commission for disregarding our concerns and our desire to protect our great waterway for future generations."

Anishinabek Grand Council Chief says CNSC ignored rule of law by approving radioactive shipment through Great Lakes

Logo of the Anishinabek Nation. See http://www.anishinabek.ca/.As reported at the Canadian Newswire, Anishinabek Grand Council Chief Patrick Madahbee, speaking on behalf of 39 First Nations in the Union of Ontario Indians (UOI), said in response to the Canadian Nuclear Safety Commission's Feb. 4th approval of the shipment of 16 radioactive steam generators from Bruce Nuclear Power Plant upon the waters of the Great Lakes: "The [Canadian] Supreme Court has stipulated the requirement for consultation and accommodation with First Nations...First Nations have to be accommodated on activities that could have an impact on our traditional territories. The United Nations Declaration on the Rights of Indigenous Peoples says handling of hazardous materials in our territories requires our free, prior, and informed consent...When it comes to transporting nuclear wastes through such an important resource as the Great Lakes, there is no such thing as too much consultation. Look at what happened with the oil disaster in the Gulf of Mexico. It's irresponsible to take chances with the transport of hazardous goods, and I'm sure all Canadians would like to think that their federal government is concerned about their safety...The Great Lakes were never negotiated by treaty and we have inherent and treaty rights to all our waterways. Neither the Nuclear Safety Commission nor Bruce Power can guarantee that a disaster will not happen with this shipment. The spillage of any hazardous waste would infringe on our constitutionally-protected rights to fish, hunt, and gather lake-based traditional foods and medicines." The Anishinabek Nation established the Union of Ontario Indians as its political advocate and secretariat in 1949.  The UOI's 39 member communities across Ontario represent approximately 55,000 people. UOI is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires that have existed long before European contact.