These comments by the Natural Resources Defense Council (NRDC) reiterate two fundamental points I have already made with co-counsel William N. Lawton of Meyer Glitzenstein & Eubanks, LLP in our May 17, 2019 letter to Department of Energy (DOE) Secretary James Richard Perry and National Nuclear Security Administration (NNSA) Administrator Lisa Gorden-Hagerty
1) Given NNSA’s May 10, 2018 decision to expand plutonium pit production, the National Environmental Policy Act (NEPA) clearly requires the agency to prepare a new programmatic environmental impact statement (PEIS) to supplement the 2008 Complex Transformation PEIS; and
2) Even if NNSA does not agree with the above, there is a 1998 court order that requires DOE to prepare a supplemental PEIS in the event NNSA’s proposed plans for future plutonium pit production extend beyond fabrication at LANL of 50 pits per year under “routine conditions,” or 80 pits per year under “multiple shift operations.”