UPF Lawsuit

FOR IMMEDIATE RELEASE, January 17, 2025

Media Contacts:
Ben Cunningham, Esquire, SCELP, 843-527-0078, [email protected]
Tom Clements, Savannah River Site Watch, 803-834-3084, [email protected]
Jay Coghlan, Nuclear Watch New Mexico, 505-989-7342, [email protected]
Scott Yundt, Tri-Valley CAREs, 925-443-7148, [email protected]
Queen Quet, Gullah/Geechee Sea Island Coalition, 843-838-1171, [email protected]

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.

This lawsuit was first filed in June 2021 by co-plaintiffs Savannah River Site Watch of Columbia, SC; Nuclear Watch New Mexico of Santa Fe, NM; Tri-Valley Communities Against a Radioactive Environment (CAREs), based in Livermore, CA; and the Gullah/Geechee Sea Island Coalition of coastal Georgia. NNSA promptly moved to have the case dismissed which in February 2023 Judge Lewis rejected, calling her decision “not a close call.”

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.

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