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CEA in the News |
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Local group among Fermi 3 opponents appealing to U.S. Supreme Court A coalition of groups on both sides of the border have applied to the U.S. Supreme Court to hear their appeal they believe can help stop construction of Fermi 3 — a proposed nuclear reactor that would be constructed at the same Michigan power plant site across the lake from Amherstburg. DAVE BATTAGELLO, WINDSOR STAR An international coalition has applied to the U.S. Supreme Court to hear an appeal that could help stop construction of Fermi 3 — a proposed nuclear reactor that would be built at the same Michigan power plant site across the lake from Amherstburg. Citizens Environment Alliance in Windsor has been part of the coalition, which for nearly a decade has fought against the proposed atomic reactor that would be built adjacent to Fermi II in Monroe, Mich. “The process of constructing a new reactor on the shores of Lake Erie so close to Amherstburg and Essex County should be of concern because of potential accidents,” said Derek Coronado, executive director of the CEA, which joined the coalition in March 2009. Fermi II, which launched operation in 1988, is 16 kilometres away from the heart of Amherstburg. The coalition is continuing to fight following a ruling handed down on Nov. 27 by the U.S. District Court of Appeals that rejected its latest attempt. The group — which includes several environmental and anti-nuclear energy advocates on the U.S. side — has been claiming in a lengthy six-year court battle that Detroit Edison, which operates Fermi, failed to include a 29-mile transmission line linking the new reactor to the power grid as part of the project’s environmental assessment. The 300-foot-wide transmission line corridor, if built, rolls through 10.8 miles of previously undisturbed land that includes forested wetlands, plus endangered and threatened plant and animal species. “There will be environmental damage from construction of the facility,” Coronado said. The coalition has argued that the U.S. Nuclear Regulatory Commission, by endorsing the plan, is in violation of the U.S. National Environmental Policy Act (NEPA). Proponents of Fermi 3 have countered in court that the transmission line is not directly part of the reactor construction project so it didn’t need to be included in the environmental assessment. “They are redefining terms of the act on what is considered construction,” Coronado said. “The (transmission) line is part of the construction and needs to be included in the environmental impact analysis.” But the latest court ruling disagreed, forcing the coalition to apply on Monday to the Supreme Court for the case to be heard. It could take up to a year for a decision on whether the highest court in the U.S. will hear the case. “NEPA is one of the top environmental protection laws in our country,” said Toledo attorney Terry Lodge, legal counsel for the coalition. “NRC cannot be allowed to excuse itself from obeying this half-century-old, hard-won law.” The case has national implications for many major infrastructure projects across the U.S., said Michael Keegan, co-chairman of Don’t Waste Michigan, an advocacy group against nuclear power plants that is part of the court fight. “Appealing to the Supreme Court to take up the case is a steep climb, but this goes beyond nuclear energy,” said Keegan. “This would be a landmark case in NEPA. It is very clear you can not segment a portion of a project and not do (an environmental assessment) when it is directly connected to the project.” The court fight and unending battle to stop construction of Fermi 3 is about “protecting people, land and water,” he said. “If there was an accident there would be damage in the hundreds of billions of dollars of damage,” Keegan said. “In a worse-case scenario, there would be 340,000 injuries and 10,000 immediate deaths. The consequences are steep and none of it is necessary.” If the Supreme Court rejects the case, “we have done our part and it will be up to the politicians to do their part,” to prevent Fermi 3 from being constructed, he said. Stopping Fermi 3 is also important since Ontario’s government is in the midst of developing an updated nuclear emergency response plan which already has “gaps” in protecting Essex County from a Fermi II emergency, so building another “adds to the potential for a serious accident,” Coronado said. “Nuclear power is a risk in this day and age when there are so many renewable energy solutions,” he said. “Especially when you consider 40 million people rely on the Great Lakes for their drinking water.” © Copyright (c) The Windsor Star |