Allied Groups Reach Historic Settlement on New Nuclear Bomb Part Production

Gender and Radiation Impact project celebrates the historic victory of radiation impacted communities across the nation standing together in clear conscience in a legal challenge that has successfully required the National Nuclear Security Administration (NNSA) to obey the National Environmental Policy Act and include the public in big decisions it is making! NNSA is owner of the US nuclear arsenal, which it intends to greatly expand, which would have our taxes cover trillions of dollars paid to defense contractors.

South Carolina Environmental Law Project

Gullah/Geechee Sea Island Coalition

Nuclear Watch New Mexico

Savannah River Site Watch

Tri-Valley CAREs January 18, 2025

Ben Cunningham, Esquire, SCELP,
Tom Clements, Savannah River Site Watch,
Jay Coghlan, Nuclear Watch New Mexico,
Scott Yundt, Tri-Valley CAREs

AIKEN, S.C. — Nonprofit public interest groups have reached an historic settlement agreement with the Department of Energy’s semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA). This is the successful result of a lawsuit against NNSA over its failure to complete a programmatic environmental impact statement on the expanded production of plutonium “pit” bomb cores, as required by the National Environmental Policy Act (NEPA). This agreement and a joint motion to dismiss have been submitted to Judge Mary Lewis Geiger of the Federal District of South Carolina. Should the Court enter the dismissal and retain jurisdiction to enforce the settlement, the agreement will go into effect.

…………………….. In September 2024, Judge Lewis ruled that DOE and NNSA had violated NEPA by failing to properly consider alternatives before proceeding with their plan to produce plutonium pits, a critical component of nuclear weapons, at the Los Alamos National Laboratory (LANL) in New Mexico and, for the first time ever, at the Savannah River Site (SRS) in South Carolina. The Court found that the plan’s purpose had fundamentally changed from NNSA’s earlier analyses which had not considered simultaneous pit production at two sites. Judge Lewis directed the Defendants and Plaintiffs to prepare a joint proposal for an appropriate remedy which fostered additional negotiations

In sum, the just released settlement agreement requires the National Nuclear Security Administration to:

• Complete a nation-wide programmatic environmental impact statement (PEIS) on expanded plutonium “pit” bomb core production within 2.5 years.

• Hold two successive rounds of public hearings, first on the scope of the PEIS and then on the draft PEIS before it is finalized. Hearings will be held in Livermore, CA; Santa Fe or Los Alamos, NM; Kansas City, MO; Aiken, SC; and Washington, DC (dates to be determined).

• Citizens will have 45 days to submit scoping comments and 90 days to comment on the draft PEIS. The last PEIS in 2008 generated more than 100,000 public comments.

• Until it issues a formal Record of Decision on the final PEIS, NNSA is enjoined from:

– Installing classified equipment at the Savannah River Plutonium Processing Facility’s Main Processing Facility;

– Introducing any nuclear materials into the Main Processing Facility; and

– Starting construction on a related Waste Characterization Lab, Construction Maintenance Building and Vehicle Entry Building.

………………………………………. Of added significance, the PEIS will have to assess the impacts of disposal of large quantities of radioactive plutonium wastes from pit production at the Waste Isolation Pilot Plant (WIPP) in southern New Mexico, located 2,000 feet underground in a salt deposit. Disposal of “transuranic” (TRU) wastes will challenge the congressionally mandated volume cap for WIPP, which the National Academy of Sciences has projected will be substantially exceeded. Nevertheless, NNSA expects to be able to dump TRU wastes at WIPP until at least 2050, fundamentally changing its mission from cleanup to direct support of expanded nuclear weapons production…………………………

The Settlement Agreement with plaintiffs’ and defendants’ declarations is available at https://nukewatch.org/settlement-agreement-and-exhibits (20.9 MB) more https://nukewatch.org/wp-content/uploads/2025/01/Settlement-Reached-in-Historic-NEPA-Lawsuit-Over-Plutonium-Pit-Bomb-Core-Production.pdf