An appeal challenging the federal nuclear regulator’s failure to clean up radioactive uranium mine waste rock found beneath a home in Elliot Lake will be heard by the Federal Court of Appeal today (Feb. 23).
Counsel for the Appellant, Lisa Speck, are arguing that the Federal Court of Canada erred by upholding an unreasonable decision from the nuclear regulator – the Canadian Nuclear Safety Commission– which excluded uranium mine waste rock from its jurisdiction.
Speck says her counsel will argue there are “far reaching consequences” that arise from the commission’s abdication of responsibility.
She wants an order from the court declaring the commission has jurisdiction over uranium mine waste rock pursuant to the Nuclear Safety and Control Act.
Speck adds the court’s decision will be key in ensuring Canada’s nuclear regulator upholds its statutory duty to protect human health and the environment from nuclear substances – including in instances of legacy waste and where nuclear substances have been transported and moved off licenced, uranium mine sites.
She noted it goes against responsibility to limit risks to human health and safety and the environment from uranium mine waste rock, including the decommissioned uranium mine and waste sites in Elliot Lake.
