Green groups lose Sellafield challenge
The Mox fuel plant at Sellafield was built in 1996
Environmental groups have lost a High Court challenge against the opening of
the Mox reprocessing plant at Sellafield.
Friends of the Earth and Greenpeace had argued that ministers had acted illegally
in approving the new mixed plutonium and uranium oxide (Mox) plant at the Cumbria
site in north-west England.
But Mr Justice Collins, sitting in London, ruled on Thursday that the government
had made "no error of law" in granting approval.
The two environmental groups are planning an appeal against the decision. They
argued the new plant - which has been mothballed since it was built in 1996
- could not only lead to pollution, but may also become a terrorist target.
Friends of the Earth executive director Charles Secrett said in a statement:
"Despite this bitter blow the campaign against Mox continues. We owe it
to ourselves and future generations to do what we can to stop this nuclear madness
from proceeding."
'Not financially viable'
During the two-day hearing the groups' lawyers said there was "insufficient
evidence" the plant would attract enough international customers to help
make it financially viable.
They said the government had taken a "distorted" view when it decided
in October that allowing the introduction of Mox was "economically justified"
under European Union law.
Under an EU directive, governments are required to ensure the economic, social
and other benefits of new processes which create exposure to ionising radiation
outweigh any detriment to health before they give the go-ahead.
Lord Lester QC, for the campaigners, told the hearing the government had ignored
the £470m construction costs for the Sellafield plant when assessing its
economic viability.
The Mox fuel plant at Sellafield was built in 1996
If all relevant costs were taken into account the scheme would show an overall
financial loss, he said.
Philip Sales, for the government, disagreed and argued that the exclusion of
the £470m "sunk costs" was a "perfectly rational"
decision.
Potential benefits of the Sellafield plant for BNFL's businesses were "likely
to run into hundreds of millions of pounds", but had also been left out
of the balancing exercise, he said.
Agreeing with Mr Sales, Mr Justice Collins ruled that the justification for
Mox "was established".
Stephen Tindale, executive director of Greenpeace UK, said the plant "poses
a substantial risk as a terrorist target and producer of bomb-making equipment"
and faced more legal challenges.
He said: "Tony Blair was right when he highlighted the threats from international
terrorism and nuclear proliferation in his speech to the Labour Party conference.
"It is time his actions matched his words and his government stopped allowing
activities that will arm the terrorists of tomorrow."
Jobs boost
BNFL, which runs the Sellafield plant, welcomed the judge's ruling that the
Mox operation was both lawful and justified.
"This is good news for the plant, the workforce and the local community,"
the company said in a statement.
BNFL said the decision would lead to the creation of about 400 jobs and should
secure hundreds of others.
Friends of the Earth and Greenpeace were ordered to pay the government's case
costs.
A provisional date for the appeal has been set for 27 November.