FOE Considers Appealing Diablo Canyon Lawsuit Decision

Friends of the Earth considers appealing Diablo Canyon lawsuit decision 

California state judge dismisses litigation over 2016 contract to retire Diablo Canyon

SAN FRANCISCO – Today, a California court dismissed Friends of the Earth’s lawsuit against PG&E and others to prevent breach of a contract to retire Diablo Canyon, California’s last remaining nuclear power plant, when its current operating licenses expire in 2024 and 2025.  

Friends of the Earth initiated its lawsuit in April against PG&E and others to prevent breach of contract. The case comes amid PG&E reneging on the 2016 contract in response to state legislation that passed in 2022 providing financial incentives and preserving the option of operating Diablo Canyon for five additional years. Instead of planning for retirement, PG&E has stated intentions to extend Diablo Canyon’s operations for 20 more years – far exceeding the legislation’s potential extension.

“We are deeply disappointed in today’s outcome,” said Hallie Templeton, Legal Director for Friends of the Earth. “Diablo Canyon’s operations are extremely dangerous, environmentally harmful and put all of California at risk of a devastating accident. We continue to strongly believe in our case and are considering appealing the unwarranted dismissal. One thing is clear: the fight to shutter Diablo Canyon is not over, and this is not our only iron in the fire.”

Friends of the Earth currently has another active legal challenge in the U.S. Court of Appeals for the Ninth Circuit against the Nuclear Regulatory Commission for decisions related to Diablo Canyon’s extension.  

Communications contact: Brittany Miller, [email protected], (202) 222-0746

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