Canadian Nuclear Laboratories is filing a second appeal against a decision blocking progress on the proposed Near Surface Disposal Facility at Chalk River.
But the First Nations community leading the fight against the NSDF says the move amounts to “environmental racism.”
CNL announced last month that it would appeal a decision by Federal Court Justice Julie Blackhawk ordering both the company and the Canadian Nuclear Safety Commission to resume consultations with the Kebaowek First Nation.
Justice Blackhawk ruled that the consultations must take place under the principles of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) and its standard of “free, prior and informed consent” (FPIC).
Last week, CNL announced that it will also appeal a second decision by Federal Court Justice Russel Zinn that the company failed to consider “all reasonable alternatives” in siting the NSDF, including locations outside of the Chalk River labs.
In doing so, Justice Zinn said, it failed to prove that the NSDF is the “best solution” to protect bats and turtles protected under the Species At Risk Act (SARA).
As a result, Zinn overturned a decision by the Ministry of Environment and Climate Change Canada (ECCC) to issue a permit for the NSDF project, and sent the issue back for reconsideration.
“Through the appeal, CNL seeks to obtain clarity in a complex regulatory environment as we work to responsibly address Canada’s legacy nuclear liabilities and minimize their impacts on the environment,” the company said in its announcement…
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