Plutonium “Pit” Production P.E.I.S. Lawsuit

Background

Nuclear Watch New Mexico is among a coalition of community and public interest groups that has filed a lawsuit against the U.S. Department of Energy (DOE) and the National Nuclear Security Administration (NNSA), challenging the federal agencies’ decision not to examine the possible wider impacts of Los Alamos National Laboratory and Savannah River Site in South Carolina producing these warhead triggers, also known as pits.

A plutonium pit is the heart and trigger of a nuclear bomb. Production involves the extensive processing and handling of extremely hazardous and radioactive materials. In 2018, the federal government called for producing at least 80 pits per year by 2030, including 30 or more at Los Alamos and 50 or more at the Savannah River Site. 

We have pushed for a full program review since 2019, reaching out to DOE and NNSA on six occasions over the legal requirement for a new or supplemental broad, nationwide programmatic environmental impact statement, or PEIS, for producing the larger number of plutonium pits at Los Alamos and the Savannah River Site. NNSA has only conducted fragmented and piecemeal reviews, looking at sites separately rather than examining their combined impacts and risks.

Click below to view official lawsuit documents and recent media articles

Recent News

Historic Settlement Reached in NEPA Lawsuit Over Plutonium “Pit” Bomb Core Production

Sophia Meryn

FOR IMMEDIATE RELEASE, January 17, 2025

Media Contacts:
Ben Cunningham, Esquire, SCELP, 843-527-0078, ben@scelp.org
Tom Clements, Savannah River Site Watch, 803-834-3084, tomclements329@cs.com
Jay Coghlan, Nuclear Watch New Mexico, 505-989-7342, jay@nukewatch.org
Scott Yundt, Tri-Valley CAREs, 925-443-7148, scott@trivalleycares.org
Queen Quet, Gullah/Geechee Sea Island Coalition, 843-838-1171, GullGeeCo@aol.com

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.”

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Recent Documents

PLAINTIFFS OPENING BRIEF (MAY 3, 2024)

PLAINTIFFS’ INITIAL BRIEF: Savannah River Site Watch, Tom Clements, The Gullah/Geechee Sea Island Coalition, Nuclear Watch New Mexico and Tri-Valley Communities Against a Radioactive Environment

Declaration of Scott Yundt to Opening Brief

Declaration of Jay Coghlan to Opening Brief

Declaration of Tom Clements to Opening Brief

DEFENDANT’S RESPONSE BRIEF (JUNE 4, 2024)

DEFENDANTS’ BRIEF SEEKING JUDGMENT AND RESPONDING TO PLAINTIFFS’ OPENING BRIEF

Declaration of NNSA Administrator Jill Hruby to Opening Brief

Declaration of Carlsbad Field Office Manager Mark Bollinger to Opening Brief

Declaration of Carl Raymond Sykes to Opening Brief

Declaration of Idaho Cleanup Project Manager Mark C. Brown to Opening Brief

Declaration of Patrick Moss to Opening Brief

PLAINTIFFS REPLY BRIEF (JUNE 27, 2024)

PLAINTIFFS’ REPLY BRIEF: Savannah River Site Watch, Tom Clements, The Gullah/Geechee Sea Island Coalition, Nuclear Watch New Mexico and Tri-Valley Communities Against a Radioactive Environment

Declaration of Don R. Hancock in Support of Plaintiffs’ Brief in Reply

DEFENDANT’S SURREPLY – (JULY 12, 2024)

DEFENDANTS’ SUR-REPLY

COURT'S JUDGEMENT AND FINAL ORDER – (SEPT 30, 2024)

COURT'S JUDGEMENT

COURT'S FINAL ORDER

FINAL DECLARATIONS – 2024

Second Declaration of Jill Hruby 12-5-24

Gen Cotton Declaration 13 Nov 2024

Nuclear Pits - Dr Adams Declaration 12-12-24

FINAL SETTLEMENT AGREEMENT – (JAN 16, 2025 )

SRS Mot D Prop Order 

SRS Joint Mot Dismiss

Settlement Agreement and Exhibits

FINAL JUDGEMENT – (FEB 14, 2025 )

SRS Judgment

SRS Order Dismissal

GENERAL DOCUMENTS

Letter of Demand filed April 20, 2021

NNSA failed to respond to this notice, and the following lawsuit was filed:

Lawsuit filed against NNSA for failure to prepare a Programmatic EIS (PEIS) on plutonium pit production (for nuclear weapons), June 29, 2021 – by South Carolina Environmental Law Project (SCELP), for SRS Watch, Nuclear Watch New Mexico and Tri-Valley CAREs

Complaint filed, June 29, 2021:  complaint with case number marking June 29 2021

RULE 26 INTERROGATORIES, June 29, 2021:  RULE 26 INTERROGATORIES June 29 2021

07/01/2021 4 Summons Issued as to United States Department of Energy, U.S. Attorney, and U.S. Attorney General. (cbru, ) (Entered: 07/01/2021)  document 4 July 1 2021 Summons Issued as to United States Department of Energy, U.S. Attorney, and U.S. Attorney General.
07/01/2021 5 Summons Issued as to Jennifer Granholm, U.S. Attorney, and U.S. Attorney General. (cbru, ) (Entered: 07/01/2021)  document 5 July 1 2021 summons to Sec Granholm
07/01/2021 6 Summons Issued as to National Nuclear Security Administration, U.S. Attorney, and U.S. Attorney General. (cbru, ) (Entered: 07/01/2021)  document 6 July 1 2021 summons issued to NNSA
07/01/2021 7 Summons Issued as to Charles Verdon, U.S. Attorney, and U.S. Attorney General. (cbru, ) (Entered: 07/01/2021)  document 7 July 1 2021 summons issued to NNSAs Charles Verndon

 

Affidavit of Service – by SCELP to DOE, NNSA, federal attorneys, July 30, 2021:  Affadavit of Service by SCELP to DOE, NNSA July 30 2021

 

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