Miami Waterkeeper continues our legal challenge of FPL's 20-year license renewal for Turkey Point Nuclear Power Plant. This March, Miami Waterkeeper and co-plaintiffs Friends of the Earth and Natural Resources Defense Council, filed a lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit.
Miami Waterkeeper and co-plaintiffs argue that Turkey Point's Environmental Impact Statement (EIS) did not adequately address environmental impacts. Co-plaintiffs argued that the EIS relied on outdated modeling results that overstate the effectiveness of FPL’s attempts to address its ongoing groundwater contamination extending from the Cooling Canal System. Second, co-plaintiffs argue that the EIS speculated that state and county oversight of these efforts would prevent future impacts to groundwater contamination. Third, co-plaintiffs argue the EIS failed to adequately consider how climate change will intensify Turkey Point’s impacts on groundwater resources. And finally, co-plaintiffs argue the EIS did not use the proper environmental baseline for analyzing Turkey Point’s environmental impacts on groundwater resources.
Co-plaintiffs also argue that the Nuclear Regulatory Commission erred in granting a license renewal to FPL because they did not adequately consider site-specific impacts at Turkey Point. Read full Statement of Issues HERE.
Respondents’ Motion to Dismiss
On March 23, 2020, the Nuclear Regulatory Commission filed a Motion to Dismiss the Petition for Review. Respondents claim that the court of appeals lacks jurisdiction (the power to decide cases and issue orders) to review the NRC’s issuance of the renewed licenses because it was not a “final order” that the court could review. Read Respondents' Motion to Dismiss HERE.
(Source: Miami Herald, Emily Michot)
Petitioners’ Opposition to Respondents’ Motion to Dismiss
On April 2, 2020, Petitioners filed an Opposition to Respondents’ Motion to Dismiss. Read the full document HERE.
Miami Waterkeeper, Friends of the Earth, and NRDC do, in fact, have an appeal before the NRC as a decision-making body. However, the NRC moved forward and issued the Turkey Point license without coming to a final decision on the appeal. We maintain that the license had been granted, is effective, and this is a final agency decision by the NRC.
NRC's Reply to Petitioners’ Opposition to Motion to Dismiss
On April 20, 2020, Respondents replied to Petitioners' Opposition to Motion to Dismiss. Read the full document HERE.
U.S. Court of Appeals for the District of Columbia Issues Order Referring Motion to Dismiss to Merits Panel
On June 8, 2020, the U.S. Court of Appeals for the District of Columbia, in consideration of the above-mentioned motion and replies, granted the petitioners a hearing to discuss the merits of these issues. Miami Waterkeeper and co-plaintiffs will be returning to D.C. for oral arguments before the Nuclear Regulatory Commission. Read the full document HERE.
Our legal team will keep you apprised of any updates in this case. If you would like to support our legal fund, which makes our legal action possible, please visit www.miamiwaterkeeper.org/legal_fund.