More Legal Challenges

Use No 25

More Legal Challenges (see uses no 14 and 15)

Excellent news that Greenpeace have launched a legal challenge to the government.

Greenpeace UK has served legal papers on the Government for
unlawfully failing to take into account the implications of the
Fukushima nuclear disaster in their future planning for the building of
new nuclear power stations at sites in Britain.

In a 1611 page legal submission to the High Court, Greenpeace is seeking
a Judicial Review of the government's decision not to take into account
specialist advice on the implications of the Fukushima disaster on
future reactors, which it has an obligation to do.

Legal Challenges are brilliant but the bottom line is that the government can and
frequently does change the law to suit its agenda.

The best challenge is a proactive campaign in the UK. Greenpeace and FOE have been proactively campaigning against nuclear in the rest of Europe and this has been successful with a German Nein Danke! Even the French are increasingly saying Non Merci!

http://www.greenpeace.org.uk/media/press-releases/greenpeace-takes-gover
nment-court-over-nuclear-power-expansion-20110826

RUBBER STAMPS and ROTTEN JUDGEMENTS

Use no. 15

Rubber Stamps

We were at the High Court in Leeds last Thursday to support Rory Walker in his challenge to the Government's insane push for cancer factories. New nuclear build and radiation linked diseases are terrible twins.

Judge McCombe refused to allow the case to go ahead because in his esteemed opinion it is perfectly OK for the Secretary of State, Chris Huhne to be both cheerleader for new build and the person authorised to rubber stamp the *safety. Following new "fast tracking" of the planning system at no other point will the safety of new reactors be under scrutiny.

Rory was granted legal aid - but the Legal Services Commission has asked for £16,250 towards court costs if this case does eventually go ahead to "prove that there is public support for his case" This money was raised in a short space of time from ordinary people - not big NGOs - but the Judge had the brass neck to say that health detriment from new build was "of no public interest." He also looked over towards us in the public gallery and said that the case being brought with legal aid was "unattractive" Hmmm.

Rory's legal team are considering whether to recommend an appeal against the judge's decision.

http://www.irwinmitchell.com/search/pages/newsviewer.aspx?f=Government-Faces-High-Court-Challenge-On-Nuclear-Power-Plans.aspx

*safety - The Secretary of State's defence lawyer declared on Thursday in court that the "best evidence suggests that there is no increase in cancers near nuclear power stations - that is the end of it" I suppose the "best evidence" is the recently published government COMARE report which did not include Sellafield ! And the real evidence of increased childhood leukemias (every week in the Cumbrian papers another "story" of another child's "brave fight") and other radiation linked diseases is nothing more than an inconvenient truth to be airbrushed out of history.

http://northern-indymedia.org/articles/1319

LEGAL CHALLENGES

Use no. 14

Legal Challenge to Nukiller New Build

FUNDS NEEDED FOR LEGAL CASE AGAINST "JUSTIFICATION" OF NEW NUKES

Rory Walker, a community worker from Lancaster has been granted legal aid for a Judicial Review against the government's "justification" decision which is a preliminary stage of approval required by the EU Euratom Directive before a final decision can be taken to build more nuclear power stations.

A hearing will be held at the High Court in Leeds on May 12th to decide whether the challenge will proceed to a full judicial review hearing.

The case centres on whether the government should first have measured "health detriment" including radiation linked diseases being inflicted on people, especially children in the vicinity of nuclear power stations.

Although Rory has won legal aid for the case, the Legal Services Commission has made a requirement that £16,250 should be made by other citizens who would benefit, should the case be successful. Rory's solicitors, Irwin Mitchell are still arguing against this large amount but its becoming apparent that a large sum will need to be met.

If the contribution cannot be found Rory will lose his legal aid and the protection that gives should the case be lost.

The fighting fund now stands at £8000 - all through contributions by people who do not want their health and their children's health damaged from new nuclear build.

All contributions are needed however large or small.

***New Video on Justification Challenge***

 http://www.youtube.com/user/SANEFILMVIDEOS#p/a/u/0/Mq58l2CkySg   

Donations can be made direct to the Heysham Anti Nuclear Alliance 

(HANA) bank account, 

as follows  Account name: Heysham Anti Nuclear Alliance  

Account reference: 616 322 406  Account number: 10091267  

Sort code: 16-12-27  

Donors, who wish it, will be sent a copy of the Application for Judicial Review.   

Please get in touch if you would like further information.  

Email Rory Walker : youllneverwalkalone@riseup.net  Telephone: 01524 381 394  

or Email Radiation Free Lakeland: rafl@mariannebirkby.plus.com Telephone: 015395 63671  

 http://www.guardian.co.uk/environment/2011/mar/25/chris-huhne-court-nuclear-cancer-children   

***Court Support***  On Tuesday 12th of May at the High Court in Leeds there will be a 

procedural hearing about Heysham Anti Nuclear Alliance's challenge to the Governments 

'justification' of new nuclear power stations in the UK. 

(http://www.heysham-anti-nuclear-alliance.org/appeal.html) 

A judge will hear the arguments put forward by our QC and by the Government's QC 

and make a decision if the case should go to a full Judicial Review.