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Court Rules U.S. Nuclear Weapons Production Plan Violates Federal Law
FOR IMMEDIATE RELEASE, October 3, 2024
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. — 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.
High Detections of Plutonium in Los Alamos Neighborhood – As We Enter a New Nuclear Arms Race the Last One is Still Not Cleaned Up
FOR IMMEDIATE RELEASE, August 15, 2024
Dr. Michael Ketterer – 928.853.7188 | Email
Jay Coghlan – 505.989.7342 | Email
Santa Fe, NM – In April Nuclear Watch New Mexico released a map of plutonium contamination based on Lab data. Today, Dr. Michael Ketterer, Professor Emeritus of Chemistry and Biochemistry, Northern Arizona University, is releasing alarmingly high results from samples taken from a popular walking trail in the Los Alamos Town Site, including detections of some of the earliest plutonium produced by humankind.
On July 2 and 17 Dr. Ketterer, with the assistance of Nuclear Watch New Mexico, collected water, soil and plant samples from Acid Canyon in the Los Alamos Town Site and soil and plant samples in Los Alamos Canyon at the Totavi gas station downstream from the Lab. The samples were prepared and analyzed by mass spectrometry at Northern Arizona University to measure concentrations of plutonium, and to ascertain its sources in the environment.
NNSA Delays Urgent Research on Plutonium “Pit” Aging While Spending Tens of Billions on Nuclear Weapons Bomb Core Production
FOR IMMEDIATE RELEASE, April 17, 2024
Tom Clements, SRS Watch – 803.240.7268 | Email
Scott Yundt, TVC – 415.990.2070 | Email
Jay Coghlan – 505.989.7342 | Email
Nearly three years after filing a Freedom of Information Act request, the public interest group Savannah River Site Watch has finally received the National Nuclear Security Administration’s (NNSA’s) congressionally-required “Research Program Plan for Plutonium and Pit Aging.” However, the document is 40% blacked out, including references and acronyms. Plutonium “pits” are the radioactive cores of all U.S. nuclear weapons. The NNSA claims that potential aging effects are justification for a ~$60 billion program to expand production. However, the Plan fails to show that aging is a current problem. To the contrary, it demonstrates that NNSA is delaying urgently needed updated plutonium pit aging research.
In 2006 independent scientific experts known as the JASONs concluded that plutonium pits last at least 85 years without specifying an end date [i] (the average pit age is now around 40 years). A 2012 follow-on study by the Lawrence Livermore nuclear weapons lab concluded:
“This continuing work shows that no unexpected aging issues are appearing in plutonium that has been accelerated to an equivalent of ~ 150 years of age. The results of this work are consistent with, and further reinforce, the Department of Energy Record of Decision to pursue a limited pit manufacturing capability in existing and planned facilities at Los Alamos instead of constructing a new, very large pit manufacturing facility…” [ii]
Since then NNSA has reversed itself. In 2018 the agency decided to pursue the simultaneous production of at least 30 pits per year at the Los Alamos National Laboratory (LANL) in northern New Mexico and at least 50 pits per year at the Savannah River Site (SRS) in South Carolina. Upgrades to plutonium facilities at LANL are slated to cost $8 billion over the next 5 years. The redundant Savannah River Plutonium Processing Facility in South Carolina will cost up to $25 billion, making it the second most expensive building in human history.
NNSA’s Nuclear Weapons Budget Takes Huge Jump
Arms Race Accelerates with MIRVed Warheads
Los Alamos Lab Cleanup Cut
FOR IMMEDIATE RELEASE, March 11, 2024
Jay Coghlan – 505.989.7342 | Email
Santa Fe, NM – Ironically the day after the film Oppenheimer was awarded multiple Oscars, the Department of Energy’s semi-autonomous National Nuclear Security Administration (NNSA) asked Congress for its biggest nuclear weapons budget ever. NNSA’s FY 2025 request for “Total Weapons Activities” is $19.8 billion, $700 million above what Congress recently enacted for FY 2024. It is also a full billion dollars above what President Biden asked for last year, which Congress then added to and will likely do so again.
The Biden Administration states that the $19.8 billion will be used to:
“[P]rioritize implementation of the 2022 National Defense Strategy and Nuclear Posture Review by modernizing the Nation’s nuclear deterrent to keep the American people safe. The Budget supports a safe, secure, reliable, and effective nuclear stockpile and a resilient, responsive nuclear security enterprise necessary to protect the U.S. homeland and allies from growing international threats.” whitehouse.gov/wp-content/uploads/2024/03/budget_fy2025.pdf, page 75.
The 2022 National Defense Strategy and Nuclear Posture Review for the first time posited two nuclear “near peers”, i.e. Russia and China, that need to be simultaneously “deterred.” This hinted at a potentially large nuclear buildup which this budget may now be implementing. That claimed need to deter two nuclear near peers was explicitly taken a step beyond just deterrence in an October 2023 report from the Strategic Posture Commission. It declared:
“Decisions need to be made now in order for the nation to be prepared to address the threats from these two nuclear-armed adversaries arising during the 2027-2035 timeframe. Moreover, these threats are such that the United States and its Allies and partners must be ready to deter and defeat both adversaries simultaneously.” ida.org/research-and-publications/publications/all/a/am/americas-strategic-posture, page vii (bolded emphasis added)
NNSA Suppresses How Taxpayers Money Is Spent
FOR IMMEDIATE RELEASE, January 19, 2024
Jay Coghlan – 505.989.7342 | Email
Santa Fe, NM – The National Nuclear Security Administration (NNSA) has just released cursory two or three page summaries of contractors’ performance paid for by the American taxpayer. For the just ended fiscal year 2023, NNSA gave nothing less than grades of “Excellent” or “Very Good” in six broad mission goals for its major contractors. This is despite the constant cost overruns and schedule delays that are the rule, not the exception, in the nation-wide nuclear weapons complex. NNSA and its parent Department of Energy have been on the Government Accountability Office’s “High Risk List” for project mismanagement ever since GAO started that List in 1991.
A current example is the Uranium Processing Facility (UPF) at the Y-12 Plant near Oak Ridge, Tennessee, originally estimated in 2011 to cost $1.4 to $3.5 billion. After costs started going through the roof, NNSA and Senator Lamar Alexander (R.-TN), then-chair of Senate Energy and Water Appropriations, swore that UPF would never go over $6.5 billion. But even after eliminating non-nuclear weapons production missions and a formal decision to continue operations at two old, unsafe buildings slated for replacement, the Uranium Processing Facility is now estimated to cost $8.5 billion. However, even that is not the final price, as NNSA is still to “rebaseline” UPF costs at some unspecified date.
Blog Posts
New Mexico’s Revolving Nuclear Door: Top Environment Officials Sell Out to Nuclear Weapons Labs
As part of a long, ingrained history, senior officials at the New Mexico Environment Department (NMED) have repeatedly resigned to go to work for the nuclear weapons labs, the Department of Energy, or DOE contractors. In a number of cases that is where they came from to begin with.
The hierarchy of leadership at NMED starts with the Secretary, Deputy Secretaries and then Division Directors. The position of Resource Protection Division Director is particularly critical because it oversees the two NMED bureaus most directly involved with DOE facilities in New Mexico, the Hazardous Waste Bureau and the DOE Oversight Bureau.
FULL PRESS RELEASE [PDF]
Biden’s Nuclear Posture Review Fuels the New Nuclear Arms Race
Santa Fe, NM– Today, the Biden Administration has released its long awaited unclassified Nuclear Posture Review. It headlines a “Comprehensive, balanced approach to defending vital national security interests and reducing nuclear dangers.” It also declares that “deterrence alone will not reduce nuclear dangers.”
“Deterrence” against others has always been the publicly sold rationale for the United States’ nuclear weapons stockpile. First, there is the inconvenient fact that the U.S. was the first and only to use nuclear weapons in war. But secondly, the United States and the USSR (now Russia) never possessed their huge stockpiles for the sole purpose of deterrence anyway. Instead, their nuclear weapons policies have always been a hybrid of deterrence and nuclear war fighting, which threatens global annihilation to this very day.
FULL PRESS RELEASE [PDF]
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Watchdogs File Suit for NNSA’s Performance Evaluation Reports
Santa Fe, NM – Today, Nuclear Watch New Mexico has once again filed a lawsuit to pry loose the National Nuclear Security Administration’s (NNSA’s) full and complete Performance Evaluation Reports that evaluate contractor performance at its eight nuclear weapons sites. Approximately 57,000 people are employed by NNSA’s nuclear weapons production complex, 95% of them contractor personnel. NNSA and its parent Department of Energy have been on the independent Government Accountability Office’s “High Risk List” for project mismanagement and waste of taxpayers’ dollars since 1992.
NNSA’s Performance Evaluation Reports grade contractor performance, award performance fees and contain no classified information. Nevertheless, NNSA seeks to hide how taxpayers’ money is spent from the public, issuing only terse three page summaries instead of the full and complete Reports. Nuclear Watch sued in 2012 to obtain the full and complete Performance Evaluation Reports, after which NNSA started releasing them within three working days. But NNSA has again been releasing only summaries since 2019, despite a Freedom of Information Act request by Nuclear Watch that the agency never responded to.
To illustrate the importance of these Performance Evaluation Reports, in its FY 2021 Los Alamos Lab summary NNSA noted that the contractor “[s]ucessfully made advances in pit production processes…” Plutonium “pits” are the fissile cores of nuclear weapons whose expanded production the Pentagon has identified as the number one issue in the United States’ $2 trillion nuclear weapons “modernization” program. NNSA has directed the Los Alamos National Laboratory (LANL) to begin producing at least 30 pits per year by 2026 and the Savannah River Site (SRS) in South Carolina to begin producing at least 50 pits per year by 2030.
A Guide to “Scoping” the New LANL SWEIS
“Scoping” means determining the issues that should be included in public analyses required by the National Environmental Policy Act (NEPA) of proposed major actions by the federal government. According to the Department of Energy ‘s own NEPA implementation regulations, DOE must prepare a new or supplemental site-wide environmental impact statement (SWEIS) for its major sites when there are “significant new circumstances or information relevant to environmental concerns.” The last site-wide EIS for the Los Alamos National Laboratory (LANL) was completed in 2008 and is badly outdated. Moreover, since 2018 the National Nuclear Security Administration (NNSA), DOE’s semi-autonomous nuclear weapons agency, has been aggressively expanding the production of plutonium “pit” bomb cores for nuclear weapons at the Lab.
On August 19, 2022, NNSA finally announced its intent to prepare a new LANL SWEIS, but apparently the agency will not address expanded plutonium pit production.1 NNSA’s dubious argument is that it performed the legally required NEPA analysis for expanded plutonium pit production in a 2008 Complex Transformation Programmatic Environmental Impact Statement, the 2008 LANL SWEIS and a woefully inadequate “Supplement Analysis” in 2020 that concluded a new SWEIS was not needed. 2 3
Issues That Must Be Addressed in a New LANL SWEIS
This is meant to be a guide to (or list of) the issues that must be addressed in a new draft LANL SWEIS. It is not completely exhaustive, nor is it a comprehensive fact sheet on the substance of the issues. Nuclear Watch New Mexico will offer suggested scoping comments for interested citizens and submit its own comprehensive formal comments before the October 3 deadline or extended deadline (see “Timing” below).
The Future of Nuclear Nonproliferation and Disarmament is the Treaty PROHIBITING Nuclear Weapons (TPNW)
The Future of Nuclear Nonproliferation and Disarmament is in Danger is the Treaty PROHIBITING Nuclear Weapons (TPNW)
After a month of negotiations, the tenth review conference (RevCon) of the parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) concluded on August 26 without a consensus final document,A “Council of Councils” Global Memo titled, “The Future of Nuclear Nonproliferation and Disarmament Is in Danger” highlights the analysis of five experts on analyze the “failure after a month of negotiations of the tenth review conference (RevCon) of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) concluding on August 26 without a consensus final document, raising concerns about weakening efforts to promote nuclear nonproliferation, disarmament, and the peaceful use of nuclear energy.”
The International Campaign to Abolish Nuclear Weapons recently published an article along the same lines titled, “NPT Review Conference fails to address current security environment.” The final draft outcome document had already been significantly weakened throughout the negotiations, however Russia still refused to accept the final version and the conference ended without an agreement. ICAN: “Although the NPT Review Conference failed, there was a success this year in June. At the First Meeting of States Parties, TPNW states parties committed to the Vienna Action Plan, 50 concrete steps to advance disarmament, help victims of nuclear use and testing, commit to inclusion and progressive steps on gender and disarmament.”
Robin Lloyd of the Women’s International League for Peace and Freedom asks the leading questions, “How can the US consider signing the draft preamble while the House and Senate are finalizing the National Defense Authorization Act which calls for the modernization of our nuclear arsenal? How can our government even take part in this Conference while it is seeking funding for a renewed nuclear edifice of destruction including Modernized Strategic Delivery Systems and Refurbished Nuclear Warheads? Over the next decade, the United States plans to spend $494 billion on its nuclear forces, or about $50 billion a year, according to a 2019 Congressional Budget Office report. Trillions of dollars for submarines and bombers and buried nuclear missiles. Things they are committing to not use. Please, does this make sense?”
Faced with an unacceptable dangerous global situation, the TPNW will do what the NPT failed to: adopt a credible plan to advance disarmament, help victims of nuclear use and testing, and condemn any and all threats to use nuclear weapons.
The NPT is in crisis, but the TPNW is already starting to carry out its role of implementing the nuclear disarmament obligations of the NPT. All other NPT states parties that have failed to make progress during the NPT Review Conference should join this work too.
