The citizen's group Save Our Saugeen Shores claims a panel decision in favour of a plan to bury nuclear waste near Lake Huron was illegal and unreasonable.
S.O.S President, Jill Taylor, tells Bayshore Broadcasting News they've made an application to the Federal Court to set aside, or "quash", the decision.
She says the Joint Review Panel (JRP) that approved Ontario Power Generation's proposal for a DGR failed to consider Canada's international obligations, was biased and violated the Country's environmental rules.
Approval of the deep geological repository near Kincardine now rests with federal Environment Minister, Leona Aglukkaq, who has delayed making a decision until December, after the October federal election.
Taylor says "If the Environment Minister was interested in transparency, she would reject the plan based on its lack of public support and the unlawful processes used to obtain what little support there was."
The OPG proposal requests that low and intermediate level nuclear waste be stored in bedrock, roughly 680 metres underground near the Kincardine-area.
While Ontario Power Generation says Kincardine is a willing host for a DGR, Taylor says acceptance was obtained by deceptive practices that included secret meetings with municipal officials, which a review concluded did violate the Municipal Act.
Taylor says "we have asked the Federal Court to judicially review the JRP decision recommending approval of the underground nuclear waste dump, because" we believe:
-- The government-appointed JRP failed to comply with the Canadian Environmental Assessment Act, 2012 (CEAA);
-- The JRP failed to comply with Terms of Reference and the Environmental Impact Study (EIS) Guidelines it was mandated to follow;
-- The JRP failed to require Ontario Power Generation Inc. (OPG) to adequately evaluate the potential for reasonable foreseeable or unplanned events, singly or in combination, to produce significant short and long-term adverse effects on the Great Lakes Basin Ecosystem as required under the CEAA and the Great Lakes Water Quality Agreement (GLWQA);
-- The JRP failed to ensure that Ontario Power Generation (OPG) met the requirements laid down by the JRP; and
-- The JRP failed to act on clear evidence of a reasonable apprehension of bias.
According to Taylor, "any one of these five reasons is sufficient justification for the Federal Court to quash the Report."