Vermont Yankee: Violating the Public’s Trust, and the Public Trust
By Opinion on January 22, 2010
Editor’s note: This opinion piece is by Jon Groveman, general counsel and co-director of the Water Program at the Vermont Natural Resources Council.
The recent news that Entergy officials misled Vermont regulators about the existence of underground pipes at the company’s aging nuclear reactor in Vernon demonstrates a major breach of trust. Even people within the Douglas administration, which has supported relicensing the plant, say the development is “very disturbing” and have said they will not support the relicensing of the plant until the questions are cleared up.
Whether Vermonters will ever forgive this transgression, this repeated mischaracterization of possible threats, is anybody’s guess. But it is important to note that Entergy may have also breached the public trust in another sense: by the very act of fouling Vermont’s groundwater (and now surface water, too) with dangerous radioactive tritium.
Surface waters, like the Connecticut River, have been considered public trust resources nation wide since 1892. That means they are resources collectively owned by all Vermonters.
In 2008, the Vermont Legislature passed, and Governor Douglas signed, a bill declaring groundwater – our underground aquifers which provide two–thirds of Vermonters drinking water supply – to also be a public trust resource. This means that Entergy, a Louisiana-based corporation, has placed in serious jeopardy a vital, finite, life-sustaining resource that is held in trust for all Vermonters by failing to keep radioactivity from leaching into our groundwater.
An Entergy spokesman says the Vermont Yankee monitoring wells are not drinking water wells, but merely testing wells. He also says the pollution appears to be migrating toward the Connecticut River and not toward drinking water resources.”
Vermont’s public trust designation means that groundwater legally belongs to all of us and must be managed by the government in the best interest of all Vermonters. Radioactive isotopes like tritium in our drinking water are clearly not in anyone’s best interest.
Adding insult to injury is Entergy’s reaction to the news of the leaks. An Entergy spokesman says the Vermont Yankee monitoring wells are not drinking water wells, but merely testing wells. He also says the pollution appears to be migrating toward the Connecticut River and not toward drinking water resources. We all know groundwater is a system, and testing wells are often connected to drinking water wells and even to surface water, like the Connecticut River. So Yankee’s reaction to this new water pollution should be cold comfort to Vermonters, and it demonstrates an apparent dismissive approach to Vermont’s precious natural resources and public health. When you pollute water, even if it’s not directly or currently drinking water, that pollution is a violation of Vermont’s public trust.
<snip>
http://vtdigger.org/2010/01/22/vermont-yankee-violating-the-public%E2%80%99s-trust-and-the-public-trust/