On September 30, United States District Court Judge Mary Geiger Lewis ruled that the United States Department of Energy (“DOE”) and its semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (“NNSA”), violated the National Environmental Policy Act (“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. These changes necessitated a reevaluation of alternatives, including site alternatives, which Defendants failed to undertake prior to moving forward while spending tens of billions of taxpayers’ dollars. Therefore, the Court entered judgment in favor of Plaintiffs, the nonprofit public interest groups Savannah River Site Watch, Nuclear Water New Mexico and Tri-Valley Communities Against a Radioactive Environment (CAREs); the Gullah/Geechee Sea Island Coalition; and Tom Clements as an individual plaintiff.
As a result of this ruling, the Defendants are required to newly assess pit production at a nation-wide programmatic level which will mean undertaking a thorough analysis of the impacts of pit production at DOE sites throughout the United States, including radioactive waste generation and disposal. Under the National Environmental Policy Act (NEPA), this will provide the opportunity for public scrutiny of and formal comment on their assessments.
The real shame is how ineffective Lab cleanup of the hexavalent chromium plume is. First, even after 18 years, LANL and DOE still don’t know the boundaries of the plume, all the while claiming it’s not on San Ildefonso Pueblo Land (maybe LANL should deprioritize expanded nuclear weapons production and focus on that). Second, this is our common “sole source” (EPA special designation) aquifer that is one of the primary sources of drinking water for the cities of Santa Fe, Española, and Los Alamos, eleven Pueblos and all of the Española Basin’s rural areas. Third, hex chromium is the carcinogen made notorious in the popular movie Erin Brockovich. Fourth, it is estimated that 160,000 pounds of chromium were released up until 1972, but only 10% (i.e. ~16,000 pounds) has been recovered through extraction and treatment. When the head of DOE Environmental Management Los Alamos Office was asked where’s the rest of the chromium, Michael Mikolanis demurred and said that he would have to get back on that question.
