Binational environmental coalition defends its legal appeal, seeks to block Fermi 3 proposed new reactor in Michigan

Terry Lodge, legal counsel for the environmental coalition resisting Fermi 3

A Canadian-U.S. environmental coalition, including Beyond Nuclear, Citizen Environment Alliance of Southwestern Ontario, and several other groups, is entering its 10th year of resistance (2008-2017) against Detroit Edison's proposed new Fermi Unit 3 reactor in southeast Michigan on the Great Lakes shoreline.

On Dec. 23rd, Toledo-based attorney Terry Lodge filed a Reply Brief, in defense of a legal appeal originally filed in October, at the U.S. Court of Appeals for the District of Columbia Circuit, the second highest court in the land, just below the U.S. Supreme Court.

The Reply rebuts challenges to the appeal brought by the U.S. Nuclear Regulatory Commission (NRC) and Detroit Edison (DTE).

The appeal challenges NRC's exclusion of the transmission line corridor from the Environmental Impact Statement, a violation of the National Environmental Policy Act (NEPA). The appeal also challenges DTE's violations of NRC's quality assurance (QA) regulations (Arnie Gundersen of Fairewinds Associates, Inc. serves as the coalition's QA expert).

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