nuclear-news

Plutonium just had a bad day in court

In a major decision whose consequences are still being assessed, a federal judge declared that plutonium pit production — one ingredient in the U.S. government’s $1.5 trillion nuclear weapons expansion — has to be performed in accordance with the nation’s strongest environmental law

SEARCHLIGHT NEW MEXICO, by Alicia Inez Guzmán, October 17, 2024

Most Americans don’t seem aware of it, but the United States is plunging into a new nuclear arms race. At the same time that China is ramping up its arsenal of nuclear weapons, Russia has become increasingly bellicose. After a long period of relative dormancy, the U.S. has embarked on its own monumental project to modernize everything in its arsenal — from bomb triggers to warheads to missile systems — at a cost, altogether, of at least $1.5 trillion.

Los Alamos National Laboratory plays a vital role as one of two sites set to manufacture plutonium “pits,” the main explosive element in every thermonuclear warhead. But as a recent court ruling makes clear, the rush to revive weapons production has pushed environmental considerations — from nuclear waste and increases in vehicular traffic to contamination of local waterways, air and vegetation — to the wayside. 

That just changed dramatically. On Sept. 30, United States District Judge Mary Geiger Lewis of South Carolina ruled that the federal government violated the National Environmental Policy Act — the “Magna Carta” of federal environmental law — when it formulated and began to proceed with plans to produce plutonium pits at LANL and the Savannah River Site, in Aiken, South Carolina. 

“[T]he Court is unconvinced Defendants took a hard look at the combined effects of environmental impacts of their two-site strategy,” Lewis wrote of the Department of Energy (DOE) and the National Nuclear Security Administration (NNSA), which together oversee America’s nuclear weapons stockpile.

The ruling was momentous for the anti-nuclear community. But it was also mystifying, because Judge Lewis didn’t provide a roadmap for how to move forward with this extraordinarily complicated policy dispute. Rather than bringing pit production to a halt — which plaintiffs argued for in their original complaint, filed in 2021 — the judge instead ordered the parties to reach some sort of “middle ground” among themselves and submit a joint proposal by Oct. 25. What that will consist of is anybody’s guess. The judge was clear on one point, though — she’ll be keeping a close eye on the matter by maintaining jurisdiction over the case. Injunctive relief, she added, could still be in the cards. 

NEPA’s rules require that agencies take a “hard look” at potential environmental impacts. NEPA does not, however, dictate what decision should be made once those impacts are identified. 

Previous impact statements have spelled out a vast array of potential hazards for nuclear facilities. These have included an “inadvertent criticality event,” which happens when nuclear material produces a chain reaction and a pulse of potentially fatal radioactivity. Another risk is fire igniting inside a glovebox — the sealed enclosure where radioactive materials like plutonium are handled — and then resisting suppression, leading to widespread contamination. Other possibilities: a natural gas explosion at vulnerable nuclear sites or a wildfire on LANL’s sprawling campus, which is bounded on all sides by the towns of Los Alamos and White Rock, the Pueblo of San Ildefonso, the Santa Fe National Forest and Bandelier National Monument.

“Perhaps more significantly,” Judge Lewis stated, those impact statements “provide a springboard for public comment,” a kind of mechanism for citizens to express criticism and concern and, in some cases, identify a project’s blindspots — risks to people and places that have not been properly taken into account. 

An announcement from the DOE the following day was telling, if not defiant: The first plutonium pit manufactured as part of this modernization program was ready to be deployed into the stockpile. That pit — made at LANL but the product of multiple facilities across the nation’s nuclear weapons complex — is intended for a new warhead, which will be strapped into a new intercontinental ballistic missile called the Sentinel. The Sentinel program, at $140 billion, is one of the costliest in the history of the U.S. Air Force……………………………………………………………………….

Now, almost 40 years later, the court found that the agencies charged with reviving the nuclear weapons complex have not properly evaluated the perils that could come with turning out plutonium pits at two different sites, thousands of miles apart. For the plaintiffs in this case — which include Nuclear Watch New Mexico, Savannah River Site Watch, Tri-Valley Communities Against a Radioactive Environment and the Gullah/Geechee Sea Island Coalition — Lewis’s decision to intervene is a milestone.

“We’ve had a pretty significant victory here on the environmental front,” said Tom Clements, the director of Savannah River Site Watch. “Nonprofit public interest groups are able to hold the U.S. Department of Energy accountable.” 

………………………………………………………………………………………………….. For LANL, which sits on the kind of forested land typical of the Pajarito Plateau, wildfire is a major risk. …………………………………………………..

A “parade of horribles”

The array of sites that play some role in this latest phase of pit production goes well beyond LANL and SRS, and includes existing facilities in Amarillo, Texas; Kansas City, Missouri; and Livermore, California. Hypothetically, if the feds ever produce the kind of environmental impact statement plaintiffs demand, it could potentially cover this entire constellation, requiring public hearings at each location and in Washington, D.C………………………………………… more https://searchlightnm.org/federal-judge-ruling-plutonium-pits-environmental-impact/?utm_source=Searchlight+New+Mexico&utm_campaign=ae33d0dc0a-10%2F15%2F2024+%E2%80%93+Plutonium&utm_medium=email&utm_term=0_8e05fb0467-ae33d0dc0a-395610620&mc_cid=ae33d0dc0a&mc_eid=a70296a261

October 19, 2024 - Posted by Christina Macpherson | - plutonium, Legal, USA