news from the court..., page-32

In a nutshell. There were new statutes passed in 2011 re: radioactivity. There were new regs that came down also. The new regs included a line in the list of activities requiring a *detailed* EIA (DEIA)that could be interpreted as including Lynas. This is June/July 2011.

The claim is that the original statute in 1974 meant to include this all along. There is no indication of this.(See the discussion of the judge below.)

There is no retroactive language in the new statutes. In the absence of retroactive language, the courts generally do NOT make the decision retroactive, and also defer to the judgment of the agency.

The agency had already accepted an EIA, not a detailed EIA, and did not require a new one. Lynas was grandfathered this way. A detailed EIA is usually necessary when you are making large changes to the landscape -- building a railroad, leveling a forest -- and also when you build a nuclear power plant.

So the DEIA was not required when we did ours EIA, and will not contribute at all to the safety of the plant at this time.

Now we focus on the judge. Is this a judge like the Ninth Circuit of California who says they will "vote their conscience" every time and may be extremely sympathetic to the protestors? There is *NO* indication of this. (For those wondering, the press prides itself on knowing this and will write about it extensively, discussing previous antics of the judge if they do this.)

So we do not appear to have a rogue judge, and the decision should go our way after due deliberation. (Face it, she cannot just tear it up, though we all would want her to.)

As stated previously, in the worst case scenario, we do the add on work to make the EIA detailed and move on. This has a hidden plus in my view. Once the DEIA is done, it will be incontrovertible that the plant is safe. If Fuzzy is stupid, she once again claims a conspiracy, but most people accept the findings.

Oh, and my guess for the delay that will not happen is 45 to 60 days.

And the other claim is specious.

End. Have to rush off now.