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May 4, 2015 by Nukewatch Leave a Comment

Marshall Islands Vs. United States Dismissed, Appeal Pending

Nukewatch Quarterly Spring 2015

Last April, the Republic of the Marshall Islands (RMI) boldly sued nine nuclear weapons states in the International Court of Justice for refusing to negotiate nuclear disarmament, in violation of the 1968 Nuclear Non-Proliferation Treaty or NPT. (See Summer 2014 Quarterly.) The RMI also filed a separate suit against the United States in Federal District Court in California, alleging the US is violating legal obligations under the treaty, which was ratified by the US Senate in 1972. 

The case is raising awareness of the NPT just as arms control organizations, disarmament groups and international law activists prepare for the UN’s 2015 Non-proliferation Treaty Review Conference in May. Thousands of nuclear weapons opponents will descend on New York City April 24, 25 and 26 for meetings, rallies and marches.*

“The Marshall Islands are desperately trying to rescue the 1968 Nuclear Nonproliferation Treaty,” wrote James Carroll January 5 in the Boston Globe—and the NPT clearly needs saving. As John Burroughs, Director of the Lawyers Committee on Nuclear Policy told the New York Times, “There have never even been any multilateral negotiations to eliminate nuclear weapons.”

In the opening legal battle, lawyers for the RMI asked California’s Northern District federal court to reject the US government’s July 2014 claim that it cannot be compelled to comply with its NPT obligations. Then on Feb. 3, Federal District Judge Jeffrey White dismissed the RMI suit, ruling that the tiny state lacked standing to bring the suit, that the case was “nonjusticiable” because it involved a political question, and that the injuries claimed “could not be redressed by compelling the specific performance by only one Party to the Treaty.”

Attorneys for the RMI will appeal California’s lower court ruling while they pursue the cases at The Hague.

—JL

* See International Peace & Planet Conference, April 24-25, & register at <www.peaceandplanet.org>

Filed Under: Environment, Environmental Justice, Newsletter Archives, Quarterly Newsletter, Radiation Exposure, Radioactive Waste

May 4, 2015 by Nukewatch Leave a Comment

Fracking’s Radioactive Waste: North Dakota Considers Weakened Landfill Rules, Less Oversight

Nukewatch Quarterly Spring 2015
By John LaForge

Radioactive waste produced by hydraulic fracturing or “fracking” is making headlines all over gas land. The cover story of Nukewatch’s summer 2014 Quarterly reported some of the illegal dumping by fracking companies—on Indian Reservations no less—in North Dakota where a gigantic gas fracking boom is underway in the Bakken oil field.

National news coverage of the scandal led North Dakota’s legislature to consider changes to radioactive waste control law so that fracking’s contaminated wastes can be dumped in ordinary landfills.

One bill under consideration would permit fracking radioactive waste in state landfills to be contaminated with ten times the radioactivity that state law currently allows—as long as it’s covered with 10 feet of soil. The rad’ waste that’s not being haphazardly and illegally discard—no Victoria, nefarious dumping probably hasn’t ended—is now being trucked out of state at some expense.

House Bills 1113 and 1114—reportedly requested by the ND State Health Department—are being contested by some law makers and journalists who have questioned the right of the department to set its own rules.

The ND Newspaper Association and the ND Broadcasters Association complained that the bill eliminates requirements for public hearings and instead permits them “when appropriate” and even cancels public notification of the permitting process for disposition of radioactive materials.

Dave Glatt of the State Health Department told the Bismarck Tribune that the SHD commissioned Argon National Laboratory in Chicago to study the question and make recommendations. The department wanted to know “radiation limits that would be safe for workers and the public.” Glatt forgets that there are only legally permitted doses, no safe ones.

Radioactive isotopes that contaminate fracking industry waste and its machinery include radon, uranium-238, and thorium-232. According to the Health Department’s website, these long-lived pollutants come in six forms:

1) “Produced water,” which is injected underground but later brought to the surface as waste; 

2) “Sulfate scales,” which are hard, insoluble deposits that accumulate on frack sand and inside drilling and processing equipment;

3) Sludge and “filter cake” solids of mud, sand, scale and rust that precipitate or are filtered out of contaminated “produced water.” They build up in waste water storage tanks and in “filter socks”;

4) Filter socks, contaminated by “produced water”;

5) Synthetic “proppants” or sand; and 

6) Contaminated soil and machinery.

Locals are Worried

“We don’t want to have when this oil and coal is gone, to be nothing left here, a wasteland, and I’m afraid that’s what might happen” said Underwood farmer Gene Wirtz to KXNET News Reporter Ben Smith in January. Wirtz is worried about the increased radioactivity in local landfills. “Any amount of radiation beyond what you’re already getting is not a good thing,” he said to Smith.

A case in point came Jan. 6, 2015, when three-million gallons of waste water sprang from a North Dakota pipeline rupture, in Williams County north of Williston, the biggest ever in the current Bakken oil rush. Attempted containment of the leak was underway January 23 as berms were set up across Blacktail Creek to prevent the waste water from flowing into the Missouri River. The New York Times reported that the leaked waste water “may contain residue from hydraulic fracturing.” 

“Potential for harm” called “no problem” by Forbes

Writing Jan. 26 in Forbes online, James Conca turned upside-down the results of a recent Pennsylvania study of the risks of radiation exposure from gas fracking wastes.

The Pennsylvania Department of Environmental Protection studied so-called “Technologically-Enhanced Naturally Occurring Radioactive Material,” or TENORM, and analyzed the levels of radioactivity associated with oil and gas extraction in the state.

Mr. Conca’s column was headed, “Radiation from Fracking? No Problemo.” And Conca wrote that the PDEP study found there is “no concern of radiation exposure from fracking wells for oil or gas.”

On the contrary, the PDEP study explicitly warns of increased radiation risk from various aspects of fracking. In particular, the PDEP report warned of:

• Limited potential for radiation exposure to the public and workers from the development, completion, production, transmission, processing, storage, and end use of natural gas;

• Potential radiological environmental impacts from fluids if spilled; and

• Little potential for radiation exposure to the public and workers from landfills receiving waste from the oil and gas industry.

The PDEP report recommended additional study of radiological impacts from the use of “brine” or “saltwater” waste, called “produced water” by the ND Health Dept., from the oil and gas industry currently used for dust suppression and road stabilization.

Although the Forbes article trivializes and distorts Pennsylvania’s findings, it did say this: “With 15 million Americans living within a mile from a fracking well, this is an important result.”

Filed Under: Environment, Newsletter Archives, Quarterly Newsletter, Radioactive Waste

May 4, 2015 by Nukewatch Leave a Comment

Fukushima Updates

Nukewatch Quarterly Spring 2015
Officials Push Additional Mass Dumping of Tainted Water

The head of Japan’s Nuclear Regulation Authority said contaminated water stored at the Fukushima complex should be released into the ocean to ensure safe decommissioning of the reactors. Shunichi Tanaka, Chair of the NRA, made the comment Dec. 12. “I was overwhelmed by the sheer number of tanks (holding water tainted with radioactive substances),” Tanaka told reporters, indicating they pose a danger to decommissioning work. “We have to dispose of the water.”

Likewise, inspectors with the International Atomic Energy Agency said Feb. 17 that the roughly 160 million gallons of contaminated water stored on-site pose massive logistical challenges and strongly urged Japan to discharge it to the Pacific Ocean once it is treated. The conditions per liter of water reportedly are: that radioactive cesium is less than 1 Becquerel; radioactive substances that emit beta rays are less than 3 Becquerels; and the level of tritium is less than 1,500 Becquerels. —Asahi Shimbun, Dec. 13, 2014, & Jan. 22, 2015; & Los Angeles Times, Feb. 17. 2015

Waste Fuel Removed from Vulnerable Cooling Pool

After almost four years of anxiety, Tepco announced it had removed all the highly radioactive waste “spent” fuel from the damaged cooling pool above reactor 4. The building was wrecked by a powerful hydrogen explosion March 15, 2011, and since then experts have warned that another major quake could cause massive radiation releases. Each of the 1,533 fuel assemblies holds 60 to 74 fuel rods, so all 91,980 to 113,442 rods have been transferred to a less vulnerable area of the compound, the company said. Tepco faces the prospect of removing melted fuel wreckage from the cores of units 1, 2 and 3; fuel so badly mangled and emitting so much radiation that removal will take over 40 years. Some experts say removal is not even possible, only entombment. —New York Times, Dec. 20, 2014

Fukushima Radiation Plume Reaches US West Coast

A radiation plume from the March, 2011 accident in Fukushima, Japan took about 2.1 years to cross the waters of the Pacific Ocean and reach the shores of North America, according to a study published December 29 in the Proceedings of the National Academy of Sciences. The study said that peak concentrations of Fukushima fallout in the Pacific could come this year and in 2016. The report claimed that levels of cesium-137 in the Pacific “are still well below natural levels of radioactivity in the ocean,” but cesium does not occur in nature and is found in the oceans only as a result of nuclear bomb testing. The bomb tests dispersed roughly 36 million curies of cesium-137. Emergency radiation monitoring by the US lasted only from March until May 2011, and no federal agencies monitor offshore waters for radiation. —Santa Cruz Sentinel, Dec. 26; Christian Science Monitor, & Washington Post, Dec. 29, 2014

A crane removes debris at the No. 3 reactor building at Tokyo Electric Power Co.’s Fukushima No. 1 nuclear power plant on Februray 23, 2012. Yomiuri Shimbun Photo
Towns to Store Cesium-Tainted Soil “Temporarily”

The mayors of Futaba and Okuma and the Governor of Fukushima Prefecture have agreed to conditional, “temporary” storage of radioactively contaminated soil and waste collected during clean-up work in the exclusion zone.

The mayors agreed to the construction of “interim” storage sites in exchange for large sums of cash and a legal commitment to again move the material somewhere outside the prefecture for final disposal within 30 years. The two towns will share about $645 million for research and construction of the sites. About 29 million cubic meters of surface soil tainted with cesium, an area the size of Luxemburg, may need permanent storage space. —World Nuclear News, March 3, 2015

Spike in Ocean-Dumped Waste Water

Cleanup crews at Fukushima monitoring a drainage gutter Feb. 22 detected a huge spike in radiation levels in wastewater pouring into the Pacific Ocean. Tepco later said the water was 70 times, or 7,000 percent more radioactive than what is allowably dumped into the sea. The company said it stopped up the drainage because of the extremely high radiation levels, and four days later admitted it first learned of the leak in April, 10 months ago. Bone-seeking strontium-90 in the water measured up to 7,230 Becquerels per liter, when 5 Bq/L is the legal limit. —Global Research, Mar. 1; Japan Times, Feb. 22; & NHK Public TV, Feb. 24, 2015

Sailors’ Lawsuit Vs. Tepco & GE

Several hundred US sailors are suing Fukushima operator Tepco and reactor builder General Electric for $1 billion in damages, alleging the illnesses they suffer come from exposure to radiation that contaminated the USS Ronald Reagan during relief operations. In a report to Congress last summer the Pentagon confirmed that, “the Ronald Reagan encountered the radioactive plume from Fukushima … on March 13,” but added, “We believe it is implausible that these low-level doses are the cause of the health effects reported by the … sailors.”

Attorney Charles Bonner, who represents more than 200 sailors and Marines, says the Navy is just wrong. “The fallacy of that is that low levels of radiation are just as dangerous as high levels…. And even at 100 nautical miles they were taking on 30 times more radiation than is normal,” he said. The 2014 Pentagon report admitted it is still finding and removing radiation from the USS Reagan.

On Feb. 12, GE asked the judge to dismiss the suit, arguing the sailors are asking for “something extraordinary and unprecedented”—compensation under domestic law for exposure to radiation emitted by a foreign nuclear power. Lawyers for the sailors lashed out at GE’s motion March 3, saying the GE reactors’ “design defects contributed to the meltdowns and, by extension, to plaintiffs’ harms.” Judge Janis Sammartino’s decision is pending. —KOMO TV News, Feb. 12; Law360, Mar. 3, & Feb. 12, 2015

Filed Under: Fukushima, Newsletter Archives, Nuclear Power, Quarterly Newsletter, Radiation Exposure, Radioactive Waste

January 15, 2015 by Nukewatch Leave a Comment

Where to Stand: Sophie Scholl and the White Rose

Nukewatch Quarterly Winter 2014
By John Heid 
Through the Prism of Nonviolence

“Rip off the cloak of indifference you have placed on your hearts. Decide—before it is too late!”

—The White Rose, Fifth Leaflet

“… every individual has to consciously accept responsibility as a member of Western and Christian civilization… Adopt passive resistance, wherever you are, block the functioning of this atheistic war machine before it is too late…”

—The White Rose, First Leaflet

“The White Rose Foundation not only poses the question ‘What was it like?’ But ‘What does it mean today?’”

—The White Rose Foundation

I never ever imagined being in the Atrium of Munich University. Yet, there I stood absorbing a palpable silence that filled the spacious hall from its stone floor to its vaulted ceiling. The stillness of early morning was occasionally broken by the cadenced beat of the shoes of passers-by on their way to work. The echoes scarcely interrupted a solemn sense of history pendulous in the room. It was in this grand hall that Sophie and Hans Scholl distributed hundreds of anti-fascist leaflets on the morning of Thursday, Feb. 18, 1943. Sophie scattered her last few from the railing of the uppermost tier and watched them flutter to the center of the atrium floor. Then from a tier below came the cry of a vigilant custodian in the pay of the Gestapo: “You’re under arrest.”

I climbed slowly to the third tier and stood precisely where Sophie did when she set free those last leaflets. Her very last. I was freeze-framed in the moment. Stock still. From the souls of my feet to the center of my skull fear welled up like flames. Time suspended. Then, rapid fire, came the questions: What brought Sophie to this point? Did she really understand the risks? Why so public an act? Did she believe this would awaken the comatose soul of Germany? What was she thinking? Riveted in the moment, I reflected on risks I’ve taken in the name of conscience. While I stood physically where Sophie once did, I’ve never stood anywhere near where Sophie did that morning decades ago. Never.

Later in the day my friend Barbara Fredmuller guided me to the Palace of Justice. Here on the morning of Feb. 22, Sophie, her brother Hans and their friend, Christopher Probst were charged with aiding and abetting the enemy and committing acts of high treason. The three were tried, convicted and sentenced to death in secret in a matter of hours. Throughout the proceedings the trio remained calm. At one point Sophie interrupted the judge saying: “Somebody after all, had to make a start. What we wrote and said is also believed by many others. They just don’t dare to express themselves as we did.” Hans warned the judge, “You will soon stand where we stand now!” Before sunset the three were executed in Stadelheim prison. Hans’ last words: “Long live freedom!”

The White Rose, a student-led group of activists, began operating covertly in Munich, the capital city of the Nazi movement, in June of 1942 with the distribution of the first of six leaflets. Origins of the group’s name are somewhat ambiguous.

“The choice of the name White Rose is still obscure although it was obviously intended to represent purity and innocence in the face of evil; it is a poetic or artistic symbol rather than a political one.” (Sophie Scholl and the White Rose, by Dumbach and Newborn, Oneworld Publications, 2007)

The small circle formed around an acute passion to arouse their countrymen and women to action saying: “We will not be silent. We are your bad conscience.” Many in the academic community were simply laying low, trying to wait out the Nazi regime and hoping that the Allies would triumph. The institutional churches largely acquiesced. The conscience of mainstream society was locked down. This is not to say there were not notable acts of resistance. Thousands of Germans were summarily executed for political activism, many of their stories lost to history. Somehow the White Rose gained notoriety, though not immediately. For decades after the war it was taboo to mention them or any resistance groups. Charges against the White Rose were not formally dropped by the German government until the 1980s.

In addition to leaflets, the group painted political statements on public walls by night and encouraged passive resistance, including sabotage. The group’s Third Leaflet said in part, “…sabotage the armament industries, sabotage every assembly, rally, ceremony, and organization sponsored by the National Socialist Party… sabotage every scientific and intellectual field involved in continuing this war—whether it be universities, technical colleges, laboratories, research stations or technical agencies.”

In all, 29 members of the White Rose were convicted of crimes against the state. Thirteen were executed; the rest were sentenced to between one and 10 years in prison.

Seventy-one years have passed since Sophie Scholl scattered her last leaflets in the Atrium. She is gone. Only her bronzed bust and a plaque remain in that august hall. The leaflets were confiscated by the Gestapo. The Third Reich was eventually vanquished. The White Rose participants were martyred.

There is no need for me to tarry any longer in that Atrium. The spirit that animated Sophie and the White Rose has passed beyond there, and I too must move beyond that moment. That spirit is not one to be relegated to history books. The leaflets speak beyond the early 1940s and Nazi Germany. Their voices call out beyond the grave. What in our world today summons conscience, courage, and commitment? Where am I standing today? What am I standing up for, if I’m standing at all?

Sophie’s exhortation echoes more profoundly than the footsteps on the Atrium’s stone floor, even louder than the leaflets themselves. Her summons is as fresh as the sprig of white rose Barbara and I found beside Sophie’s grave: “Stand up for what you believe in even if you are standing alone.”

—John Heid writes Through the Prism of Nonviolence from his home in Tucson’s Mariposa Community. John’s photo below is of tile replications of White Rose leaflets set in Munich University’s walkway.

Filed Under: Newsletter Archives, Quarterly Newsletter, Through the Prism of Nonviolence

January 15, 2015 by Nukewatch Leave a Comment

Vermont’s Largest Municipal Utility Goes 100-Percent Renewable 

Nukewatch Quarterly Winter 2014

Vermont may be best known for maple syrup and Ben & Jerry’s ice cream, but now its largest city can boast another accomplishment. The city of Burlington (pop. 42,000) now gets 100 percent of its electricity from renewable sources. The Burlington Electric Department (BED) is the state’s largest municipal utility. Wind, hydro and biomass provide most of the city’s electricity, along with some fossil-fueled generation that comes via short-term contracts from the greater New England grid, which BED offsets with renewable energy credit purchases.

Now, with BED’s recent purchase of a nearby 7.4 megawatt hydroelectric project early in September, Burlington is 100 percent renewable. “This has been a goal of BED for over a decade, so we are excited to finally reach [it],” Mary Sullivan, communications coordinator for BED, told the Rocky Mountain Institute.

The Burlington Initiative is part of Vermont’s goal to produce 90 percent of its energy from renewable resources by 2050, including electricity, heating, and transportation.

— Rocky Mountain Institute, Oct. 21, and Christian Science Monitor, Oct. 27, 2014

Filed Under: Newsletter Archives, On The Bright Side, Quarterly Newsletter, Renewable Energy

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