Michigan federal judge
won't stop plutonium shipment
April 7, 2000 - A federal judge has rejected
an anti-nuclear coalition's motion to block an
American-funded shipment of Russian plutonium to
Canada, saying he lacked the jurisdiction to act.
On March 21, 2000, Blue Ridge Environmental
Defense League, Physicians for Social
Responsibility and Nuclear Information and
Resource Service joined the plaintiffs who sued
the US Department of Energy to stop a
U.S.-Russian-Canadian plan to use nuclear weapons
plutonium as fuel in nuclear power
reactors.
NIRS, PSR and BREDL had joined Citizens for
Alternatives to Chemical Contamination, Mohawk
Council of Akwasasne, the Association of Iroquois
and Allied Indians, Concerned Citizens of Renfrew
County, Northwatch, the Canadian Council for
Nuclear Responsibility, and individuals in that
request.
The group of Canadian and American activists had
argued that the Parallex Project violated an arms
control agreement signed by the U.S government,
but Chief Judge Richard Enslen said the issue was
irrelevant.
"The judicial courts have nothing to do with
this," Enslen said, after pointing out that
treaties are between governments, not private
citizens and governments.
"We're disappointed, but I'm not sure what
we'll do next," said Terry Lodge, a lawyer
for the coalition.
The government said it was pleased with the
decision and the project would go forward.
Enslen said he remains convinced the Department
likely violated the law by conducting a limited
environmental study, but that violation would not
be enough to stop the project given its
importance to national security.
The Chalk River test, named "Parallex,"
was first challenged in court last December when
plaintiffs in Michigan and Canada sued the U.S.
Department of Energy to halt shipment of the U.S.
MOX fuel from being trucked from New Mexico to
Ontario until there was a formal, public decision
making process over the environmental and nuclear
weapons proliferation impacts of the program.
sources: BREDL press release,
AP reports
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