‘Nuclear mud’ dumping legal test adjourned
have signed petitions against the dumping.
But EDF, the Welsh Government and Natural Resources Wales, the quango which issued the dumping licence, all maintain the dumping is safe.
The application for an injunction has been brought in the name of rock star Cian Ciaran, the keyboards player with Super Furry Animals. The case has been brought with the help of a successful crowdfunding appeal.
Jonathan Edwards, the barrister representing Mr Ciaran, opened his case by saying that the EDF subsidiary was claiming his client had no legal right to apply for an injunction simply because he was a citizen living in Wales. He said that was disputed.
Mr Edwards explained that the protesters’ case hinged on the fact that no EIA had been undertaken when it should have been.
Mr McClelland told the court that an environmental statement was contained in the original application for Hinkley Point C which made several references to the company’s intention to dump mud in the disposal site in the Severn Estuary known as Cardiff Grounds.
The document was said to run to more than 2,000 pages.
Questioned by Judge Milwyn Jarman QC about the apparent discrepancy between his statements in court and what was said in a written submission, Mr McClelland conceded that the document could have been phrased better and that as it stood was inaccurate.
He blamed the shortness of time the company and legal team had had to respond to the application.
The judge adjourned the case for a week so the contents of the Hinkley Point C application could be scrutinised by both parties to see if it amounted to an EIA in the terms of the European regulations.
No application was made to stop further dumping, which began last week.
The company could potentially seek huge damages from Mr Ciaran if he ultimately loses the case and the dumping contract had been disrupted.