June, 04 2020, 12:00am EDT

For Immediate Release
Contact:
Diane Curran, Harmon, Curran, Spielberg + Eisenberg, LLP, (240) 393-9285, dcurran@harmoncurran.comÂ
Mindy Goldstein, Director, Turner Environmental Law Clinic, Emory University School of Law, (404) 727-3432, mindy.goldstein@emory.eduÂ
Kevin Kamps, Radioactive Waste Specialist, Beyond Nuclear, (240) 462-3216, kevin@beyondnuclear.orgÂ
Stephen Kent, KentCom LLC, (914) 589 5988, skent@kentcom.com
Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump for Entire Inventory of U.S. "Spent" Reactor Fuel
Petitioner charges the Nuclear Regulatory Commission knowingly violated U.S. Nuclear Waste Policy Act and up-ended settled law prohibiting transfer of ownership of spent fuel to the federal government until a permanent underground repository is ready to receive it.
WASHINGTON
Today the non-profit organization Beyond Nuclear filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit requesting review of an April 23, 2020 order and an October 29, 2018 order by the U.S. Nuclear Regulatory Commission (NRC), rejecting challenges to Holtec International/Eddy-Lea Energy Alliance's application to build a massive "consolidated interim storage facility" (CISF) for nuclear waste in southeastern New Mexico. Holtec proposes to store as much as 173,000 metric tons of highly radioactive irradiated or "spent" nuclear fuel - more than twice the amount of spent fuel currently stored at U.S. nuclear power reactors - in shallowly buried containers on the site.
But according to Beyond Nuclear's petition, the NRC's orders "violated the Nuclear Waste Policy Act and the Administrative Procedure Act by refusing to dismiss an administrative proceeding that contemplated issuance of a license permitting federal ownership of used reactor fuel at a commercial fuel storage facility."
Since it contemplates that the federal government would become the owner of the spent fuel during transportation to and storage at its CISF, Holtec's license application should have been dismissed at the outset, Beyond Nuclear's appeal argues. Holtec has made no secret of the fact that it expects the federal government will take title to the waste, which would clear the way for it to be stored at its CISF, and this is indeed the point of building the facility. But that would directly violate the 1982 Nuclear Waste Policy Act (NWPA), which prohibits federal government ownership of spent fuel unless and until a permanent underground repository is up and running. No such repository has been licensed in the U.S. The U.S. Department of Energy's (DOE) most recent estimate for the opening of a geologic repository is the year 2048 at the earliest.
In its April 23 decision, in which the NRC rejected challenges to the license application, the four NRC Commissioners admitted that the NWPA would indeed be violated if title to spent fuel were transferred to the federal government so it could be stored at the Holtec facility. But they refused to remove the license provision in the application which contemplates federal ownership of the spent fuel. Instead, they ruled that approving Holtec's application in itself would not involve NRC in a violation of federal law, and that therefore they could go forward with approving the application, despite its illegal provision. According to the NRC's decision, "the license itself would not violate the NWPA by transferring the title to the fuel, nor would it authorize Holtec or [the U.S. Department of Energy] to enter into storage contracts." (page 7). The NRC Commissioners also noted with approval that "Holtec hopes that Congress will amend the law in the future." (page 7).
"This NRC decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President," said Mindy Goldstein, an attorney for Beyond Nuclear. "The Commission lacks a legal or logical basis for its rationale that it may issue a license with an illegal provision, in the hopes that Holtec or the Department of Energy won't complete the illegal activity it authorized. The buck must stop with the NRC."
"Our claim is simple," said attorney Diane Curran, another member of Beyond Nuclear's legal team. "The NRC is not above the law, nor does it stand apart from it."
According to a 1996 D.C. Circuit Court ruling, the NWPA is Congress' "comprehensive scheme for the interim storage and permanent disposal of high-level radioactive waste generated by civilian nuclear power plants" [Ind. Mich. Power Co. v. DOE, 88 F.3d 1272, 1273 (D.C. Cir. 1996)]. The law establishes distinct roles for the federal government vs. the owners of facilities that generate spent fuel with respect to the storage and disposal of spent fuel. The "Federal Government has the responsibility to provide for the permanent disposal of ... spent nuclear fuel" but "the generators and owners of ... spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of ... spent fuel until such ... spent fuel is accepted by the Secretary of Energy" [42 U.S.C. SS 10131]. Section 111 of the NWPA specifically provides that the federal government will not take title to spent fuel until it has opened a repository [42 U.S.C. SS 10131(a)(5)].
"When Congress passed the Nuclear Waste Policy Act and refused to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a permanent repository was up and running, it acted wisely," said Kevin Kamps, radioactive waste specialist for Beyond Nuclear. "It understood that spent fuel remains hazardous for millions of years, and that the only safe long-term strategy for safeguarding irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation from the living environment. Today, the NWPA remains the public's best protection against a so-called 'interim' storage facility becoming a de facto permanent, national, surface dump for radioactive waste. But if we ignore it or jettison the law, communities like southeastern New Mexico can be railroaded by the nuclear industry and its friends in government, and forced to accept mountains of forever deadly high-level radioactive waste other states are eager to offload."
In addition to impacting New Mexico, shipping the waste to the CISF site would also endanger 43 other states plus the District of Columbia, because it would entail hauling 10,000 high risk, high-level radioactive waste shipments on their roads, rails, and waterways, posing risks of radioactive release all along the way.
Besides threatening public health and safety, evading federal law to license CISF facilities would also impact the public financially. Transferring title and liability for spent fuel from the nuclear utilities that generated it to DOE would mean that federal taxpayers would have to pay for its so-called "interim" storage, to the tune of many billions of dollars. That's on top of the many billions ratepayers and taxpayers have already paid to fund a permanent geologic repository that hasn't yet materialized.
But that's not to say that Yucca Mountain would be an acceptable alternative to CISF. "A deep geologic repository for permanent disposal should meet a long list of stringent criteria: legality, environmental justice, consent-based siting, scientific suitability, mitigation of transport risks, regional equity, intergenerational equity, and safeguards against nuclear weapons proliferation, including a ban on spent fuel reprocessing," Kamps said. "But the Yucca Mountain dump, which is targeted at land owned by the Western Shoshone in Nevada, fails to meet any of those standards. That's why a coalition of more than a thousand environmental, environmental justice, and public interest organizations, representing all 50 states, has opposed it for 33 years."
Kamps noted that the U.S. Court of Appeals for the District of Columbia Circuit has upheld the NWPA before, including in the matter of inadequate standards for Yucca Mountain. In its landmark 2004 decision in Nuclear Energy Institute v. Environmental Protection Agency, it wrote, "Having the capacity to outlast human civilization as we know it and the potential to devastate public health and the environment, nuclear waste has vexed scientists, Congress, and regulatory agencies for the last half-century." The Court found the U.S. Environmental Protection Agency's insufficient 10,000-year standard for Yucca Mountain violated the NWPA's requirement that the National Academy of Sciences' recommendations must be followed, and ordered the EPA back to the drawing board. In 2008, the EPA issued a revised standard, acknowledging a million-year hazard associated with irradiated nuclear fuel and high-level radioactive waste. Even that standard falls short, Kamps said, because certain radioactive isotopes in spent fuel remain dangerous for much longer than that. Iodine-129, for example, is hazardous for 157 million years.
NOTE TO EDITORS AND PRODUCERS: Sources quoted in this release are available for comment. For a copy of the petition filed today, to arrange interviews or for other information, please contact Stephen Kent, skent@kentcom.com, 914-589-5988
Beyond Nuclear aims to educate and activate the public about the connections between nuclear power and nuclear weapons and the need to abandon both to safeguard our future. Beyond Nuclear advocates for an energy future that is sustainable, benign and democratic.
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Calls Mount for US to Provide Free School Meals to All Children
"Hiving off a tiny part of the public school bundle and charging a means-tested fee for it is extremely stupid," argues Matt Bruenig.
Mar 20, 2023
Minnesota last week became just the fourth U.S. state to guarantee universal free school meals, triggering a fresh wave of demands and arguments for a similar federal policy to feed kids.
"Universal school meals is now law in Minnesota!" Democratic U.S. Rep. Ilhan Omar, who represents the state, tweeted Monday. "Now, we need to pass our Universal School Meals Program Act to guarantee free school meals to every child across the country."
Omar's proposal, spearheaded in the upper chamber by Sen. Bernie Sanders (I-Vt.), "would permanently provide free breakfast, lunch, dinner, and a snack to all school children regardless of income, eliminate school meal debt, and strengthen local economies by incentivizing local food procurement," the lawmakers' offices explained in 2021.
Congressional Republicans last year blocked the continuation of a Covid-19 policy enabling public schools to provide free breakfast and lunch to all 50 million children, and now, many families face rising debt over childrens' cafeteria charges.
"The school bus service doesn't charge fares. Neither should the school lunch service."
Matt Bruenig, founder of the People's Policy Project, highlighted Monday that while children who attend public schools generally have not only free education but also free access to bathrooms, textbooks, computer equipment, playgrounds, gyms, and sports gear, "around the middle of each school day, the free schooling service is briefly suspended for lunch."
"How much each kid is charged is based on their family income except that, if a kid lives in a school or school district where 40% or more of the kids are eligible for free lunch, then they are also eligible for free lunch even if their family income would otherwise be too high," he detailed. "Before Covid, in 2019, 68.1% of the kids were charged $0, 5.8% were charged $0.40, and 26.1% were charged the full $4.33... The total cost of the 4.9 billion meals is around $21 billion per year. In 2019, user fees covered $5.6 billion of this cost."
Bruenig—whose own child has access to free school meals because of the community eligibility program—continued:
The approximately $5.6 billion of school lunch fees collected in 2019 were equal to 0.7% of the total cost of K-12 schooling. In order to collect these fees, each school district has to set up a school lunch payments system, often by contracting with third-party providers like Global Payments. They also have to set up a system for dealing with kids who are not enrolled in the free lunch program but who show up to school with no money in their school lunch account or in their pockets. In this scenario, schools will either have to make the kid go without lunch, give them a free lunch for the day (but not too many times), or give them a lunch while assigning their lunch account a debt.
Eligibility for the $0 and $0.40 lunches is based on income, but this does not mean that everyone with an eligible income successfully signs up for the program. As with all means-tested programs, the application of the means test not only excludes people with ineligible incomes, but also people with eligible incomes who fail to successfully navigate the red tape of the welfare bureaucracy.
The think tank leader tore into arguments against universal free meals for kids, declaring that "hiving off a tiny part of the public school bundle and charging a means-tested fee for it is extremely stupid."
Bruenig pointed out that socializing the cost of child benefits like school meals helps "equalize the conditions of similarly-situated families with different numbers of children" and "smooths incomes across the lifecycle by ensuring that, when people have kids, their household financial situation remains mostly the same."
"Indeed, this is actually the case for the welfare state as whole, not just child benefits," the expert emphasized, explaining that like older adults and those with disabilities, children cannot and should not work, which "makes it impossible to receive personal labor income, meaning that some other non-labor income system is required."
Conservative opponents of free school lunches often claim that "fees serve an important pedagogical function in society to get people to understand personal responsibility" and because they "are means-tested, they serve an important income-redistributive function in society," he noted. "Both arguments are hard to take seriously."
Pushing back against the first claim, Bruenig stressed that right-wingers don't apply it to other aspects of free schooling such as bus services. He also wrote that the means-testing claim "is both untrue and at odds with their general attitudes on, not just redistribution, but on how child benefit programs specifically should be structured."
A tax for everyone with a certain income intended to make up the $5.6 billion in school meal fees, he argued, "would have a larger base and thus represent a smaller share of the income of each person taxed and such a tax would smooth incomes over time," while also eliminating means-testing—which would allow schools to feed all kids and ditch costly payment systems.
As Nora De La Cour reported Sunday for Jacobin: "The fight for school meals traces its roots all the way back to maternalist Progressive Era efforts to shield children and workers from the ravages of unregulated capitalism. In her bookThe Labor of Lunch: Why We Need Real Food and Real Jobs in American Public Schools, Jennifer Gaddis describes how early school lunch crusaders envisioned meal programs that would be integral to schools' educational missions, immersing students in hands-on learning about nutrition, gardening, food preparation, and home economics. Staffed by duly compensated professionals, these programs would collectivize and elevate care work, making it possible for mothers of all economic classes to efficiently nourish their young."
Now, families who experienced the positive impact of the pandemic-era program want more from the federal government.
"When schools adopt universal meals through community eligibility or another program, we see improvements in students' academic performance, behavior, attendance, and psychosocial functioning," wrote De La Cour, whose reporting also includes parent and cafeteria worker perspectives. "Above all, the implementation of universal meals causes meal participation to shoot up, demonstrating that the need far exceeds the number of kids who are able to get certified."
Crystal FitzSimons, director of school-based programs at the Food Research and Action Center (FRAC), told Jacobin, "There is a feeling that we can't go back."
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'The Fight Continues' in France as Macron Government Survives No-Confidence Vote
Protests—some of them violently repressed by police—broke out in Paris and cities across the nation after a parliamentary vote following the government's deeply unpopular move to raise the retirement age by two years.
Mar 20, 2023
Fresh protests erupted in Paris and other French cities on Monday after President Emmanuel Macron's government narrowly survived a pair of parliamentary no-confidence votes over bypassing the lower house of Parliament to raise the retirement age from 62 to 64.
The first parliamentary vote of no confidence, called by a small group of centrist lawmakers, fell nine votes short of the 278 needed to pass, Agence France-Presse reports. A second no-confidence vote, brought forward by the far-right National Rally, was also rejected.
The French Senate, which is dominated by right-wing parties, approved the higher retirement age last week. However, faced with the prospect of a vote shortfall in the National Assembly, Macron's government then invoked special constitutional powers to push through the retirement age hike.
The deeply unpopular policy has sparked widespread protests, some of which have drawn hundreds of thousands of people into the streets despite government bans on gatherings in locations including Place de la Concorde and the area of Avenue des Champs-Elysées in Paris.
Protests renewed following Monday's votes, with thousands of demonstrators marching in Paris alone. Videos posted on social media showed police charging protesters, spraying them with pepper spray, and beating them. One video showed officers brutalizing a person who appeared to be a photojournalist while an onlooker repeatedly shouted "it's the press!"
"We are not resigned," the Aubervilliers parliamentary group of the left-wing populist party La France Insoumise (LFI), or France Unbowed, tweeted Monday. "The fight against retirement reforms continues. All together in the street until the retirement of this unjust and illegitimate reform!"
LFI's parliamentary group in Haute-Garonne—which includes the southern city of Tolouse—tweeted that "Macron is more isolated than ever."
"The fight continues tonight," the party group said, previewing a Monday evening demonstration.
French unions are calling for a nationwide general strike on Thursday.
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Tens of Thousands of LA Teachers to Strike in Solidarity With Support Workers
"How do we properly service our students when we are being overworked and underpaid and disrespected?" asked one special education assistant.
Mar 20, 2023
Demanding "respect and dignity" for tens of thousands of school support workers who help the Los Angeles Unified School District run, the union that represents 35,000 teachers in the city has called on its members to join a three-day strike starting Tuesday as school support staffers fight for a living wage.
Members of the Service Employees International Union (SEIU) Local 99 "work so hard for our students," said United Teachers of Los Angeles (UTLA) on Monday. "They deserve respect and dignity at work. We will be out in force tomorrow to make sure they get it."
Roughly 65,000 teachers and support professionals including bus drivers, cafeteria workers, teaching aides, and grounds workers are expected to walk out from Tuesday through Thursday this week, nearly a year after SEIU Local 99 entered contract negotiations with LAUSD, the second-largest school district in the United States.
The union is calling for a 30% pay increase for its members, who earn an average of $25,000 per year, or roughly $12 per hour. According to the MIT Living Wage Calculator, a living wage in the Los Angeles area is more than $21 per hour for a single person with no children and far more for people with children.
"I am a single mother and for the past 20 years I have worked two and sometimes three jobs just to support my family," Janette Verbera, a special education assistant, told In These Times Monday. "How do we properly service our students when we are being overworked and underpaid and disrespected?"
The school district offered a 20% overall pay increase spread over several years on Friday, along with a one-time 5% bonus.
Liz Shuler, president of the AFL-CIO, noted that LAUSD has a $4.9 billion surplus and said the district must use those funds to "invest in staff, students, and educators."
SEIU Local 99 members voted to authorize a strike in February, and said the limited three-day action is a protest against the district's negotiating tactics.
LAUSD has claimed the strike is unlawful and that workers are actually staging the walkout over pay without having exhausted all bargaining avenues. A state board over the weekend denied the district's request to block the strike.
As In These Timesreported, negotiations between the district and SEIU Local 99—as well as separate ongoing talks with the teachers' union about educators' contracts—are being led by Superintendent Alberto M. Carvalho, "whose $440,000 salary is nearly 10 times that of a starting salary for a LAUSD teacher."
"LAUSD won't get away with underfunding our schools," tweeted UTLA last week. "This is for our students, for our communities and for our lives."
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