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Two workers in hard hats look over a nuclear plant floor below.

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Demanding strong nuclear safety assessments

Greenpeace Canada et al. v. Attorney General of Canada and Ontario Power Generation Inc.

October 30, 2014

The Canadian Nuclear Safety Commission (CNSC) and the Department of Fisheries and Oceans have approved a proposal by Ontario Power Generation (OPG) to refurbish four nuclear reactors at the Darlington Nuclear site on the shore of Lake Ontario.  Current operations at the Darlington Nuclear site already have a negative impact on Lake Ontario. The reconstruction would extend the operating life of the reactors to the year 2055.

Ecojustice lawyers, with the help of lawyers at the Canadian Environmental Law Association (CELA), launched a lawsuit on behalf of  Greenpeace Canada, CELA, Lake Ontario Waterkeeper, and Northwatch asking the Federal Court to overturn the environmental assessment the government relied on to approve this project. Our clients don’t believe that the assessment met the legal standard set out in the Canadian Environmental Assessment Act (CEAA) because it failed to consider the potential effects on Lake Ontario’s fisheries and water quality; unpredictable major accidents with serious offsite impacts; how nuclear waste will be stored and managed in the long-term; and the combined effects of this project and a proposal to build up to four new reactors at the same site.

We argued that a new assessment that considers these factors must be completed before the government can make a final decision about the project. In November 2014 the Federal Court decided against our clients.  We filed an appeal on behalf of our clients, but the court did not rule in our clients’ favour. (Greenpeace Canada et at. V. Attorney General of Canada and Ontario Power Generation Inc. 2015 FCA 186.)

We are committed to ensuring that every environmental impact assessment in Canada is based on a thorough review of the best possible evidence. Regulatory bodies mandated to protect the public interest must do their due diligence when making decisions about projects that involve serious environmental risks.

Despite unanswered questions about the project’s environmental and human health risks, Ontario Power Generation can proceed with its plan to rebuild the Darlington reactors in 2016.

Ecojustice staff

Laura Bowman

Sep 2015
Two workers in hard hats look over a nuclear plant floor below.
press release

Public interest groups disappointed by Court ruling on Darlington nuclear project
TORONTO – Public interest groups are disappointed by the Federal Court of Appeal’s rejection of a ruling requiring the full effects of building new reactors in Ontario be publicly assessed before the Darlington new nuclear project can proceed.
Jan 2015
Two workers in hard hats look over a nuclear plant floor below.
press release

Environmental groups launch appeal of Darlington nuclear rebuild project
TORONTO — Environmental groups are appealing a Federal Court decision that refused to overturn an environmental assessment of Ontario Power Generation’s proposal to rebuild four aging nuclear reactors at the Darlington power plant.
Dec 2014
Two workers in hard hats look over a nuclear plant floor below.
blog

Groups weighing options after ruling on Darlington nuclear refurbishment
Last Tuesday, the Federal Court decided not to overturn an environmental assessment of a plan to extend the life of four aging nuclear reactors at the Darlington site on the shore of Lake Ontario.
Nov 2014
Two workers in hard hats look over a nuclear plant floor below.
press release

Statement on Federal Court ruling on Life-extension of Darlington Reactors
TORONTO – In a ruling dated November 25, 2014, the Federal Court has decided against overturning an environmental assessment on Ontario Power Generation’s (OPG) proposal to extend the life of the four aging Darlington reactors.
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