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Tom Clements, (803) 834-3084, tomclementssc@gmail.com, Robert Guild, (803) 917-5738, bguild@mindspring.com, Patrick Davis, (202) 222-0744, pdavis@foe.org
In an effort to protect ratepayers and advocate for alternative energy, Friends of the Earth and the Sierra Club today filed a formal intervention against a proposal from South Carolina Electric and Gas (SCE&G) to abandon its troubled nuclear construction project and charge ratepayers $2.2 billion over the next 60 years to pay for the failed project.
The plan, filed on August 1 by SCE&G with South Carolina Public Service Commission (PSC), abandoned the problem-plagued V.C. Summer reactor construction project. (See Docket 2017-244-E.) The project was abruptly halted on July 31 after continuous formal opposition by Friends of the Earth and the Sierra Club since 2008.
"Due to growing pressure from the public and legislators, the PSC will not be able to simply rubber stamp passing the cost onto SCE&G's ratepayers," said Tom Clements, senior adviser with Friends of the Earth. "We will fight this unjust plan and make sure that the company and its shareholders are put on the financial hook for the bad decisions made by SCE&G since 2008. It is simply unacceptable that SCE&G customers, who will not get any benefit after paying into the project since its inception, will now be stiffed with all of the costs while SCE&G walks away unscathed."
The Friends of the Earth/Sierra Club intervention petition, filed by well-known South Carolina environmental lawyer Bob Guild, requests that the PSC review the imprudence of decisions related to the project, that reparations be made to SCE&G customers and that "available least cost efficiency and renewable energy alternatives," as advocated by the groups now be pursued.
The hearing earlier granted to Friends of the Earth/Sierra Club on the project will likely now be consolidated with the abandonment docket, giving the organizations the right to review past cost overrun decisions, chronic schedule delays and repayment to customers for money wasted by SCE&G.
The abandonment petition filed by SCE&G included a suggested November date for a hearing on the matter, but in an unprecedented move late on the evening of Friday, August 4, the PSC's chief clerk rejected the hearing dates. As pressure grows on how the PSC failed to properly monitor the project, no new dates have been set for the abandonment hearing.
The next step in the process will be for the PSC to approve the Friends of the Earth/Sierra Club intervention, which will then enable discovery to be filed for internal SCE&G documents. In particular, the groups want to learn what SCE&G knew about the bankruptcy of the reactor design company Westinghouse, filed on March 29, and if the PSC was informed by the company about what it knew.
Friends of the Earth/Sierra Club will soon file a request that the hearing it garnered in response to a complaint filed on June 22 (Docket 2017-207-E) to be merged with SCE&G's abandonment docket. The PSC issued an order on August 2 that positions on docket consolidation be filed by FOE/Sierra Club and SCE&G within 21 days.
SCE&G ratepayers already pay 18% of their monthly bill, averaging $27 per household, to pay for the failed nuclear project. Customers have been hit with nine rate hikes since 2009 to pay for the project in advance. Under SCE&G's abandonment plan, that percentage of the bill would be increased, to pay for $2.2 billion in abandonment costs. SCE&G has presented a pay-back period of 60 years, meaning that additional billions of dollars would be collected by SCE&G, while no costs would be assumed by SCE&G and its shareholders.
Reflective of growing concern on the political level about the failed reactor project, leaders in the South Carolina Senate on August 4 requested a special legislative session to discuss SCE&G's failed project. The attorney general of South Carolina followed by also submitting a letter to the legislature in support of such a legislative session and requested that any additional rate hikes to pay for abandonment be delayed while an investigation is proceeding.
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.
(202) 783-7400"Anti-abortion opponents are trying everything to keep abortion rights questions away from voters—but their dirty tricks keep failing," said one campaigner.
Reproductive freedom defenders on Tuesday cheered the Missouri Supreme Court's restoration of an abortion rights referendum—one of numerous 2024 ballot initiatives seeking to codify access to the healthcare procedure in states from coast to coast.
Missouri's highest court overturned Cole County Judge Christopher Limbaugh's ruling removing Amendment 3—also known as the Right to Reproductive Freedom initiative—from the November 5 ballot. Limbaugh ordered Republican Missouri Secretary of State Jay Ashcroft, who decertified the measure on Monday, to place it back on the ballot.
“The majority of Missourians want politicians out of their exam rooms, and today's decision by the Missouri Supreme Court keeps those politicians out of the voting booth as well," Planned Parenthood Great Rivers Action vice president of external affairs Margot Riphagen
said on social media. "On November 5, Missouri voters will declare their right to reproductive freedom, ensuring decisions about our bodies and our healthcare—including abortion—stay between us, our families, and our providers."
Kelly Hall, executive director of the Fairness Project—which provides funding and technical assistance to abortion rights campaigns in Missouri, Arizona, Montana, and Florida—said in a statement that "anti-abortion opponents are trying everything to keep abortion rights questions away from voters—but their dirty tricks keep failing. They know that when voters have a say, reproductive freedom is upheld time and time again."
Chris Hatfield, a lawyer representing abortion rights groups in the case, toldThe New York Times: "This is a big deal. The court will send a message today about whether, in our little corner of the democracy, the government will honor the will of the people, or will have it snatched away."
Missouri has one of the nation's most draconian abortion bans, with the procedure
prohibited in almost all circumstances "except in cases of medical emergency." The ban—which dates to 2019—took effect when the U.S. Supreme Court overturnedRoe v. Wade in 2022.
The Midwestern state joins
at least seven others in which abortion will be on the ballot this November. Every abortion rights ballot measure since the overturn of Roe has passed.
In neighboring Nebraska, the state Supreme Court on Monday
heard arguments in three lawsuits filed by activists trying to keep multiple abortion rights referenda off the ballot.
"You don't have to agree with the tactics of climate activists to understand the importance of defending their rights to protest and to free speech."
Rich Western countries have cracked down on non-violent climate protests with harsh laws and lengthy prison sentences, in violation of international law and the civil rights they champion globally, according to a report released Monday by Climate Rights International.
CRI, an advocacy group based in California, found that Australia, Germany, France, the Netherlands, Sweden, the United Kingdom, and the United States had used heavy-handed measures to silence climate protesters in recent years. The measures aren't in keeping with the freedoms of expression, assembly, and association enshrined in international law, the report says.
"You don't have to agree with the tactics of climate activists to understand the importance of defending their rights to protest and to free speech," Brad Adams, CRI's executive director, said in a statement.
"Governments too often take such a strong and principled view about the right to peaceful protest in other countries—but when they don't like certain kinds of protests at home they pass laws and deploy the police to stop them," Adams toldThe Guardian.
“These defenders are basically trying to save the planet... These are people we should be protecting, but are seen by governments & corporations as a threat to be neutralised. In the end it’s about power & economics”
- @MaryLawlorhrdshttps://t.co/WPunhbDhCq
— Dr. Aaron Thierry (@ThierryAaron) September 10, 2024
The CRI report details relevant international law, disproportionate actions taken against climate protestors, and draconian new laws established in four of the countries studied. It also lays out recommendations and proposed reforms. CRI was founded in 2022 with a mission that states, "Progress on climate change cannot succeed without protecting human rights—and the fight for human rights cannot succeed without protecting our planet against climate change."
The examples of government crackdowns on climate protesters are numerous. In October 2022, Just Stop Oil activists Morgan Trowland and Marcus Decker climbed the cables of a major bridge in England and remained there for two days, causing police to stop traffic across the bridge. They called for the U.K. to stop licensing new oil and gas projects in the North Sea.
Trowland and Decker were each subsequently sentenced to more than 30 months in prison under a 2022 law passed by the Conservative government that led the country at the time. The sentencing prompted concern from a United Nations special rapporteur. An op-ed published Tuesday in The Guardian by Linda Lakhdhir, CRI's legal director, indicated that the Labour Party, now in power in the U.K., has not made a total break from the Conservatives policies.
A similar U.K. case involved Just Stop Oil's disruption of traffic on a highway in November 2022. Five campaigners, including Roger Hallam, well-known as a co-founder of Extinction Rebellion, had spoken on a Zoom call designed to increase participation in the direct action. This July, they were each sentenced to at least four years in jail, with Hallam receiving a five-year sentence—the longest sentences ever given in the country for non-violent protest, The Guardianreported.
Michel Forst, the U.N.'s special rapporteur on environmental defenders, attended part of the trial and called the sentencing a "dark day for peaceful environmental protest."
The attempt to silence climate protest has gone well beyond the U.K. In late August, a German court sentenced a 65-year-old man to nearly two years in prison for blocking a road as part of a protest. An Australian protester was given 15 months in prison for blocking one lane in a five-lane road for 28 minutes in 2022.
In April 2023, Joanna Smith was one of two protesters who put water-soluble paint on the protective case of a sculpture at the National Gallery of Art in Washington, D.C. She faced unexpectedly harsh federal charges—for two felonies—that could have landed her in prison for five years, and ended up making a plea deal for a 60-day sentence. Her fellow protestor, Timothy Martin, has a trial scheduled for November.
The report makes the following four general recommendations for governments:
The final recommendation stems from the fact that some jurisdictions and judges have prevented climate activists from stating the reasons for their civil disobedience in court. A U.K. judge, Silas Reid, has repeatedly denied climate protesters the ability to explain their motivations to juries, and even jailed two of them for contempt of court when they did so anyway.
The U.S. has not passed a harsh federal bill along the lines of the 2022 U.K. law, but many states have placed anti-protest laws on the books in recent years, and other state legislatures have considered measures, the report says. A 2019 Texas law strengthened penalties for protests around pipelines and other fossil fuel infrastructure, and a 2020 Tennessee law did so for "inconvenient" protests.
Harsh penalties are not the only danger that environmental defenders face. Nearly 200 environmental defenders were killed across the world in 2023, according a report released Tuesday by Global Witness.
Crackdowns on non-violent protest in rich Western countries extend beyond the issue of climate. Pro-Palestinian campus protests in the U.S. have also seen harsh crackdowns in the past year, with fears among campaigners that anti-protest measures could increase.
The report posits that governments should take a different approach to such civil disobedience, given its importance in spurring social change in the past.
"Governments should welcome peaceful protests as the sign of an engaged citizenry," the report says. "Those who engage in peaceful protest should, at a minimum, be assured that their rights will be respected."
"Against this backdrop, it is clear that the prospect of a two-state solution—which we have been ritually repeating—is receding ever further while the international community deplores, feels, and condemns, but finds it hard to act."
European Union foreign affairs chief Josep Borrell on Tuesday urged the international community to stop "radical members of the Israeli government" from thwarting Palestinian statehood and prevent Israel from turning the illegally occupied West Bank into "a new Gaza."
Speaking to attendees of an Arab League conference in Cairo, Borrell lamented that a Gaza cease-fire agreement "has still not been signed and does not seem likely to be signed in the near future."
"Why? Quite simply, because those who are waging the war have no interest in putting an end to it," he continued. "So, they are just pretending... Because, as it turns out, their intransigence is accompanied by total impunity."
"If acts have no consequences, if blatant violation of international law remains disregarded, if institutions such as the International Criminal Court are threatened, if the International Court of Justice rulings are totally ignored by those who promote a rules-based order, who can be trusted?" Borrell asked.
"Not only is there no pause in the war in Gaza," he noted. "But what looms on the horizon is the extension of the conflict to the West Bank, where radical members of the Israeli government—Netanyahu's government—try to make it impossible to create a future Palestinian state."
Israeli Prime Minister Benjamin Netanyahu and members of his far-right government have openly
boasted about their efforts to derail the so-called "two-state solution," and Israeli lawmakers voted overwhelmingly in July to oppose the creation of a Palestinian state.
Borrell asserted that "a new front is being opened with a clear objective: to turn the West Bank into a new Gaza—in rising violence, delegitimizing the Palestinian Authority, stimulating provocations to react forcefully, and not shying away from saying to the face of the world that the only way to reach a peaceful settlement is to annex the West Bank and Gaza."
Since last October, Israeli soldiers and settler-colonists have killed more than 600 Palestinians in the occupied West Bank and East Jerusalem, including more than 140 children. Settlers have carried out more than 1,000 attacks including multiple deadly pogroms, during which Israel Defense Forces soldiers stood by, protected, and even joined the attackers.
"Without action, the West Bank will become a new Gaza," Borrell stressed. "And Gaza will become a new West Bank, as settlers' movements are preparing new settlements."
"Against this backdrop, it is clear that the prospect of a two-state solution—which we have been ritually repeating—is receding ever further while the international community deplores, feels, and condemns, but finds it hard to act," Borrell added.
"What can we do?" he asked, continuing:
We need to raise our voice at the next [United Nations General Assembly] and prevent a sort of "Gaza fatigue," which will embolden the extremists and postpone once again the idea of a political settlement. We have to launch a process where all parties who want to work on an agenda—a concrete and practical agenda to implement the two-state solution—can work together.
Second, we need to revitalize the Palestinian Authority to support their reform process, but also to support [them] financially.
Third, [we have] to facilitate all attempts at dialogue between Palestinians and Israelis.
Fourth, [we must] not give up on engaging with Israeli civil society, even in this context—and especially in this context. Everyone, not just the Europeans—Palestinians, and Arab civil society, must do it. I know how difficult it is to reconcile both narratives, but it is the only way to move forward...
Fifth, the Palestinians have to reach a common vision, to overcome their divisions, because the more these divisions exist, the more they undermine the legitimacy and representativeness of the Palestinians.
Sixth, the Europeans need to adopt a common approach. That is what I am working tirelessly on, even if the success is limited, because I have never seen such a dividing issue among the Europeans as the Israel-Palestine conflict.
Seventh, the Arab States need also to adopt a truly common approach [to] coordinating and showing solidarity.
"All in all, it means building a balance of power on realistic foundations for the two-state solution—before it becomes, definitely, too late," Borrell concluded. "I know, it is extremely difficult. However, we must never give up."
Last month, Borrell called for sanctioning Israeli leaders for hate speech and inciting war crimes in Gaza and the illegally occupied West Bank. He has also called for an arms embargo on Israel.
Israel is currently on trial for genocide at the International Court of Justice. Meanwhile, International Criminal Court Prosecutor Karim Khan is seeking to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—at least one of whom has been assassinated—for alleged war crimes and crimes against humanity.
Since October 7, when the Hamas-led attack on Israel left more than 1,100 people dead—some of them killed by so-called "
friendly fire"—and over 240 others kidnapped, Israeli forces have killed at least 40,988 Palestinians in Gaza, mostly women and children. At least 94,825 other Palestinians have been wounded. Almost all of Gaza's 2.3 million people have been forcibly displaced, while Israel's "complete siege" has starved and sickened people across the enclave, with dozens dying of malnutrition.