March, 09 2015, 10:30am EDT

For Immediate Release
Contact:
Expert Contact: Damon Moglen, (202) 352-4223, dmoglen@foe.org
Communications Contacts:
Bill Walker, (510) 759-9911, bw.deadline@gmail.com (West Coast)
Adam Russell, (202) 222-0722, arussell@foe.org (East Coast)
Diablo Canyon: PG&E Secretly Used Wrong Design Data for Key Safety Equipment for 30 Years
Utility misled Calif. PUC, seeks to pocket $133.5 million in ratepayer revenues
SAN FRANCISCO
Pacific Gas & Electric Co. used incorrect earthquake and accident data when building crucial safety equipment for the Diablo Canyon nuclear power plant, according to information released by Senator Barbara Boxer. Friends of the Earth said the revelation suggests that PG&E has acted with gross negligence and that the twin-reactor plant on California's Central Coast should be immediately shut down pending a public investigation.
Correspondence from the U.S. Nuclear Regulatory Commission -- released by Sen. Boxer in a recent hearing and reported Sunday on Page 1 of the San Francisco Chronicle (PDF) -- shows that since Diablo Canyon's first reactor came online in 1984, PG&E failed to use updated seismic and loss-of-coolant-accident data, known as LOCA loads, for replacement equipment. Failure of such equipment in an earthquake could lead to a catastrophic release of radiation. PG&E should have used new data after a previously unknown fault, the Hosgri, was discovered during initial construction, but violated its federal operating license by failing to use the updated data in conjunction with loss of cooling accident data in designing and constructing replacement steam generators and reactor vessel heads for the reactors.
In 2011, PG&E notified the NRC of its decades-long negligence, but incredibly, the NRC failed to cite PG&E for any infraction. Instead NRC and PG&E worked together to secretly and illegally alter the plant's operating license in September 2013. Friends of the Earth has a case pending in the U.S. Court of Appeals asking that the illegal license revision be thrown out and that Diablo Canyon be shut pending public review to determine whether or not the reactors can withstand the forces of newly identified earthquake faults that surround the plant.
Instead of addressing its malfeasance, PG&E launched an internal effort to try to show that despite using the wrong design data, the equipment it had installed was OK. PG&E has asked the California Public Utilities Commission for $133.5 million from ratepayers for what it calls a "Licensing Basis Verification Program." The utility did not explain that they were asking to bill their customers for a paper exercise to cover up its negligence in the faulty design of well over $1 billion worth of equipment, also paid by customers.
Since the Hosgri Fault was discovered, new research has revealed that at least four faults surrounding Diablo Canyon are capable of causing earthquakes more powerful than the reactors were designed to withstand The plant's former NRC senior resident inspector, Dr. Michael Peck, warned last year that the increased risks from earthquakes meant that the plant was operating outside of its license and should be shut pending review -- a warning that came before the revelations about PG&E's use of outdated safety data.
"This shows gross negligence by PG&E and a shameful lack of oversight by federal regulators," said Damon Moglen, senior strategic advisor to Friends of the Earth. "It's terrifying to think that for 30 years PG&E used the wrong numbers for vital equipment at the U.S. reactors most at risk from earthquakes."
"No one would dream of putting nuclear reactors in that location today," Mogen said. "Diablo Canyon should never have been constructed in the first place, and now it is clear it should not be allowed to operate another day. Diablo Canyon must be shut down now, and there should be both state and federal investigations into PG&E's negligence."
Dave Freeman, former head of the federal Tennessee Valley Authority, the Los Angeles Department of Water and Power and the Sacramento Municipal Utility District, said PG&E's negligence fits the utility's pattern of cutting corners on safety, which led to the fatal gas pipeline explosion in San Bruno in 2010.
"There they go again," said Freeman, now senior energy advisor to Friends of the Earth. "Just as with San Bruno, PG&E has again put profits before safety, has misused ratepayers' money and misled state regulators at the PUC."
Friends of the Earth fights for a more healthy and just world. Together we speak truth to power and expose those who endanger the health of people and the planet for corporate profit. We organize to build long-term political power and campaign to change the rules of our economic and political systems that create injustice and destroy nature.
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As Flood Deaths Rise, Texas Officials Blast Faulty Forecast by DOGE-Gutted National Weather Service
"Experts warned for months that drastic and sudden cuts at the National Weather Service by Trump could impair their forecasting ability and endanger lives during the storm season," said one critic.
Jul 05, 2025
As catastrophic flooding left scores of people dead and missing in Texas Hill Country and President Donald Trump celebrated signing legislation that will eviscerate every aspect of federal efforts to address the climate emergency, officials in the Lone Star State blasted the National Weather Service—one of many agencies gutted by the Department of Government Efficiency—for issuing faulty forecasts that some observers blamed for the flood's high death toll.
The Associated Press reported Saturday that flooding caused by a powerful storm killed at least 27 people, with dozens more—including as many as 25 girls from a summer camp along the Guadalupe River in Kerr County—missing after fast-moving floodwaters rose 26 feet (8 meters) in less than an hour before dawn on Friday, sweeping away people and pets along with homes, vehicles, farm and wild animals, and property.
"Everybody got the forecast from the National Weather Service... It did not predict the amount of rain that we saw."
"The camp was completely destroyed," Elinor Lester, 13, one of hundreds of campers at Camp Mystic, told the AP. "A helicopter landed and started taking people away. It was really scary."
Kerr County Sheriff Larry Leitha said during a press conference in Kerrville late Friday that 24 people were confirmed dead, including children. Other officials said that 240 people had been rescued.
Although the National Weather Service on Thursday issued a broad flood watch for the area, Texas Division of Emergency Management Chief Nim Kidd—noting that the NWS predicted 3-6 inches of rain for the Concho Valley and 4-8 inches for the Hill Country—told reporters during a press conference earlier Friday that "the amount of rain that fell in this specific location was never in any of those forecasts."
After media reports & experts warned for months that drastic & sudden cuts at the Nat Weather Service by Trump could impair their forecasting ability & endanger lives during the storm season, TX officials blame an inaccurate forecast by NWS for the deadly results of the flood.
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— Ron Filipkowski (@ronfilipkowski.bsky.social) July 5, 2025 at 3:19 AM
"Listen, everybody got the forecast from the National Weather Service," Kidd reiterated. "You all got it; you're all in media. You got that forecast. It did not predict the amount of rain that we saw."
Kerrville City Manager Dalton Rice also said during the press conference that the storm "dumped more rain than what was forecasted" into two forks of the Guadalupe River.
Kerr County judge Rob Kelly told CBS News: "We had no reason to believe that this was gonna be anything like what's happened here. None whatsoever."
Since January, the NWS—a branch of the National Oceanic and Atmospheric Administration (NOAA)—has reduced its workforce by nearly 600 people as a direct result of staffing cuts ordered by the Department of Government Efficiency, or DOGE, as part of Trump's mission to eviscerate numerous federal agencies.
This policy is in line with Project 2025, the Heritage Foundation-led blueprint for a far-right overhaul of the federal government that calls for "dismantling" NOAA. Trump has also called for the elimination of the Federal Emergency Management Agency, arguing that states should shoulder most of the burden of extreme weather preparation and response. Shutting down FEMA would require an act of Congress.
Many of the fired NWS staffers were specialized climate scientists and weather forecasters. At the time of the firings, Rep. Jared Huffman (D-Calif.), the ranking member of the House Natural Resources Committee, was among those who warned of the cuts' deadly consequences.
"People nationwide depend on NOAA for free, accurate forecasts, severe weather alerts, and emergency information," Huffman said. "Purging the government of scientists, experts, and career civil servants and slashing fundamental programs will cost lives."
Writing for the Texas Observer, Henry D. Jacoby—co-director of the Massachusetts Institute of Technology Joint Program on the Science and Policy of Global Change—warned that "crucial data gathering systems are at risk."
"Federal ability to warn the public is being degraded," he added, "and it is a public service no state can replace."
On Friday, Trump put presidential pen to congressional Republicans' so-called One Big Beautiful Bill Act, a $4 trillion tax and spending package that effectively erases the landmark climate and clean energy provisions in the Inflation Reduction Act signed by then-President Joe Biden in 2022.
As Inside Climate News noted of the new law:
It stomps out incentives for purchasing electric vehicles and efficient appliances. It phases out tax credits for wind and solar energy. It opens up federal land and water for oil and gas drilling and increases its profitability, while creating new federal support for coal. It ends the historic investment in poor and minority communities that bear a disproportionate pollution burden—money that the Trump administration was already refusing to spend. It wipes out any spending on greening the federal government.
Furthermore, as MeidasNews editor-in-chief Ron Filipkowski noted Saturday, "rural areas hit hardest by catastrophic storms are the same areas now in danger of losing their hospitals after Trump's Medicaid cuts just passed" as part of the budget reconciliation package.
At least one congressional Republican is ready to take action in the face of increasing extreme weather events. Rep. Marjorie Taylor Greene (R-Ga.)—who once attributed California wildfires to Jewish-controlled space lasers—announced Saturday that she is "introducing a bill that prohibits the injection, release, or dispersion of chemicals or substances into the atmosphere for the express purpose of altering weather, temperature, climate, or sunlight intensity."
"It will be a felony offense," she explained. "We must end the dangerous and deadly practice of weather modification and geoengineering."
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National Team Member Becomes at Least 265th Palestinian Footballer Killed by Israel in Gaza
Muhannad al-Lili's killing by Israeli airstrike came as the world mourned the death of Portugal and Liverpool star Diogo Jota and his brother André Silva in a car crash in Spain.
Jul 04, 2025
Muhannad Fadl al-Lili, captain of the Al-Maghazi Services Club and a member of Palestine's national football team, died Thursday from injuries suffered during an Israeli airstrike on his family home in the central Gaza Strip earlier this week, making him the latest of hundreds of Palestinian athletes killed since the start of Israel's genocidal onslaught.
Al-Maghazi Services Club announced al-Lili's death in a Facebook tribute offering condolences to "his family, relatives, friends, and colleagues" and asking "Allah to shower him with his mercy."
The Palestine Football Association (PFA) said that "on Monday, a drone fired a missile at Muhannad's room on the third floor of his house, which led to severe bleeding in the skull."
"During the war of extermination against our people, Muhannad tried to travel outside Gaza to catch up with his wife, who left the strip for Norway on a work mission before the outbreak of the war," the association added. "But he failed to do so, and was deprived of seeing his eldest son, who was born outside the Gaza Strip."
According to the PFA, al-Lili is at least the 265th Palestinian footballer and 585th athlete to be killed by Israeli forces since they launched their assault and siege on Gaza following the October 7, 2023 Hamas-led attack on Israel. Sports journalist Leyla Hamed says 439 Palestinian footballers have been killed by Israel.
Overall, Israel's war—which is the subject of an International Court of Justice (ICJ) genocide case—has left more than 206,000 Palestinians dead, maimed, or missing, and around 2 million more forcibly displaced, starved, or sickened, according to Gaza officials.
The Palestine Chronicle contrasted the worldwide press coverage of the car crash deaths of Portuguese footballer Diogo Jota and his brother André Silva with the media's relative silence following al-Lili's killing.
"Jota's death was a tragedy that touched millions," the outlet wrote. "Yet the death of Muhannad al-Lili... was met with near-total silence from global sports media."
Last week, a group of legal experts including two United Nations special rapporteurs appealed to the Fédération Internationale de Football Association, the world football governing body, demanding that its Governance Audit and Compliance Committee take action against the Israel Football Association for violating FIFA rules by playing matches on occupied Palestinian territory.
In July 2024, the ICJ found that Israel's then-57-year occupation of Palestine—including Gaza—is an illegal form of apartheid that should be ended as soon as possible.
During their invasion and occupation of Gaza, Israeli forces have also used sporting facilities including Yarmouk Stadium for the detention of Palestinian men, women, and children—many of whom have reported torture and other abuse at the hands of their captors.
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'Highly Inspiring' Court Ruling Affirms Nations' Legal Duty to Combat Climate Emergency
"While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections," said one observer.
Jul 04, 2025
In a landmark advisory opinion published Thursday, the Inter-American Court of Human Rights—of which the United States, the world's second-biggest carbon polluter, is not a member—affirmed the right to a stable climate and underscored nations' duty to act to protect it and address the worsening planetary emergency.
"States must refrain from any conduct that reverses, slows down, or truncates the outcome of measures necessary to protect human rights in the face of the impacts of climate change," a summary of the 234-page ruling states. "Any rollback of climate or environmental policies that affect human rights must be exceptional, duly justified based on objective criteria, and comply with standards of necessity and proportionality."
"The court also held that... states must take all necessary measures to reduce the risks arising, on the one hand, from the degradation of the global climate system and, on the other, from exposure and vulnerability to the effects of such degradation," the summary adds.
"States must refrain from any conduct that reverses, slows down, or truncates the outcome of measures necessary to protect human rights in the face of the impacts of climate change."
The case was brought before the Costa-Rica based IACtHR by Chile and Colombia, both of which "face the daily challenge of dealing with the consequences of the climate emergency, including the proliferation of droughts, floods, landslides, and fires, among others."
"These phenomena highlight the need to respond urgently and based on the principles of equity, justice, cooperation, and sustainability, with a human rights-based approach," the court asserted.
IACtHR President Judge Nancy Hernández López said following the ruling that "states must not only refrain from causing significant environmental damage but have the positive obligation to take measures to guarantee the protection, restoration, and regeneration of ecosystems."
"Causing massive and irreversible environmental harm...alters the conditions for a healthy life on Earth to such an extent that it creates consequences of existential proportions," she added. "Therefore, it demands universal and effective legal responses."
The advisory opinion builds on two landmark decisions last year. In April 2024, the European Court of Human Rights ruled that the Swiss government violated senior citizens' human rights by refusing to abide by scientists' warnings to rapidly phase out fossil fuel production.
The following month, the International Tribunal for the Law of the Sea found in an advisory opinion that greenhouse gas emissions are marine pollution under the United Nations Convention on the Law of the Sea and that signatories to the accord "have the specific obligation to adopt laws and regulations to prevent, reduce, and control" them.
The IACtHR advisory opinion is expected to boost climate and human rights lawsuits throughout the Americas, and to impact talks ahead of November's United Nations Climate Change Conference, or COP30, in Belém, Brazil.
Climate defenders around the world hailed Thursday's advisory opinion, with United Nations High Commissioner for Human Rights Volker Türk calling it "a landmark step forward for the region—and beyond."
"As the impact of climate change becomes ever more visible across the world, the court is clear: People have a right to a stable climate and a healthy environment," Türk added. "States have a bedrock obligation under international law not to take steps that cause irreversible climate and environmental damage, and they have a duty to act urgently to take the necessary measures to protect the lives and rights of everyone—both those alive now and the interests of future generations."
Amnesty International head of strategic litigation Mandi Mudarikwa said, "Today, the Inter-American Court affirmed and clarified the obligations of states to respect, ensure, prevent, and cooperate in order to realize human rights in the context of the climate crisis."
"Crucially, the court recognized the autonomous right to a healthy climate for both individuals and communities, linked to the right to a healthy environment," Mudarikwa added. "The court also underscored the obligation of states to protect cross-border climate-displaced persons, including through the issuance of humanitarian visas and protection from deportation."
Delta Merner, lead scientist at the Science Hub for Climate Litigation at the Union of Concerned Scientists, said in a statement that "this opinion sets an important precedent affirming that governments have a legal duty to regulate corporate conduct that drives climate harm."
"Though the United States is not a party to the treaty governing the Inter-American Court of Human Rights, this opinion should be a clarion call for transnational fossil fuel companies that have deceived the public for decades about the risks of their products," Merner added. "The era of accountability is here."
Markus Gehring, a fellow and director of studies in law at Hughes Hall at the University of Cambridge in England, called the advisory opinion "highly inspiring" and "seminal."
Drew Caputo, vice president of litigation for lands, wildlife, and oceans at Earthjustice, said that "the Inter-American Court's ruling makes clear that climate change is an overriding threat to human rights in the world."
"Governments must act to cut carbon emissions drastically," Caputo stressed. "While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections for all from the realities of climate harm."
Climate litigation is increasing globally in the wake of the 2015 Paris climate agreement. In the Americas, Indigenous peoples, children, and green groups are among those who have been seeking climate justice via litigation.
However, in the United States, instead of acknowledging the climate emergency, President Donald Trump has declared an "energy emergency" while pursuing a "drill, baby, drill" policy of fossil fuel extraction and expansion.
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