Are DOE and NNSA Complying with the National Environmental Policy Act?

On Monday, September 30th, United States District Court Judge Mary Geiger Lewis ruled that the Department of Energy (DOE) and its National Nuclear Security Administration (NNSA) violated the National Environmental Policy Act (NEPA) because the federal agencies failed to take a “hard look” at the alternatives to fabricate plutonium pits, or the triggers, for nuclear weapons at two of its sites.  Los Alamos National Laboratory (LANL) was created to design and fabricate the atomic bombs used during World War II.  The Savannah River Site in South Carolina has never fabricated pits for nuclear weapons.

In the late 2000s, DOE released for public review and comment its Complex Transformation Supplemental Programmatic Environmental Impact Statement stating that pit production would take place exclusively at LANL.  https://www.energy.gov/nepa/doeeis-0236-s4-complex-transformation-supplemental-programmatic-environmental-impact-statement  Yet in 2019 DOE expanded its proposal to improve the resiliency, flexibility and redundance of the nuclear security enterprise to also fabricate plutonium pits at the Savannah River Site in South Carolina. DOE failed to prepare a new NEPA document for public review and comment detailing how the two sites would interact to fabricate up to 80 plutonium pits per year.

A coalition of non-governmental organizations challenged DOE’s action in the United States District Court of South Carolina.  The plaintiffs are the Gullah/Geechee Sea Island Coalition https://gullahgeecheenation.com/gullahgeechee-sea-island-coalition/ , Nuclear Watch New Mexico https://nukewatch.org/home/ , Savannah River Site Watch https://srswatch.org/ , and Tri-Valley Communities Against a Radioactive Environment, or Tri-Valley CARES https://trivalleycares.org/ ,  and individual Tom Clements.  They are represented by Ben Cunningham of the South Carolina Environmental Law Project https://www.scelp.org/ .

The Court found the DOE’s plan had fundamentally changed from the one site plan to its two site plan.  DOE did not consider alternatives while moving forward and spending tens of billions of taxpayers’ dollars.  The Court found that the plaintiffs had standing to challenge DOE’s two-site plan.

Cunningham said, “This is a significant victory that will ensure NEPA’s goal of public participation is satisfied.  Public scrutiny is especially important because the activities at issue here, by their very nature, result in the production of dangerous weapons and extensive amounts of toxic and radioactive waste.  I hope the public will seize the upcoming opportunity to review and comment on the federal agencies’ assessment.”

The Court ordered the parties to confer and present the Court with a joint proposal about appropriate remedies to resolve the case, including “Plaintiffs’ request for injunctive relief.”  The proposal is due to the Court on Friday, October 25th.

To access the Court documents, go to:  https://nukewatch.org/wp-content/uploads/2024/10/Court-Rules-U.S.-Nuclear-Weapons-Production-Plan-Violates-Federal-Law.pdf

Also see the October 10, 2024 article in the Bulletin of the Atomic Scientists:  The Energy Department just made one plutonium pit. Making more is uncertain

By Dylan Spaulding , a Senior Scientist at the Union of Concerned Scientists

https://thebulletin.org/2024/10/the-energy-department-just-made-one-plutonium-pit-making-more-is-uncertain/

1. Thursday, October 10th from 5 to 7 pm and Friday, October 11th from 9 to 1 pm – Join the Community Painting of the “I am Life (Creator of Worlds)” Mural Painting at the Lena Wall, 1805 Second Street at the corner of Second and Lena Streets. This project is brought to you by the Three Sisters Collective, the Lena Wall, Dunn Edwards Paints and Artisan Santa Fe. Come with water, weather-appropriate gear and painting clothes. https://threesisterscollective.org/murals/

2. Friday, October 11^th at noon at the intersection of West Alameda and Sandoval for the weekly one-hour peaceful protest for nuclear disarmament. Join the weekly peaceful protest with Veterans for Peace, CCNS, Nuclear Watch NM, Loretto Community, New Mexico Peace Fest, Pax Christi and others. Bring your flags, signs and banners!

3. Saturday, October 12^th at 11 am MDT – White Mesa Ute Community Spiritual Walk & Protest: Protecting Our Communities, Health, Environment & Indigenous Sacred Lands, beginning at the White Mesa Community Center between Bluff and Blanding, Utah, followed by the walk to the White Mesa uranium mill. For more information, call White Mesa Concerned Community (435) 459-2461.  https://protectwhitemesa.org/  

4. Saturday, October 12 through Monday, October 14^th from 9 am to 4:30 pm on the Santa Fe Plaza – Indigenous Peoples’ Day on Santa Fe Plaza. https://www.santafe.org/indigenouspeoplesday/

5. Monday, October 14^th from 9 am to 4:30 pm – Indigenous Peoples’ Day 2^nd Annual Honoring Native Nations Powwow on the Santa Fe Plaza. The Santa Fe Indigenous Center invites you to join them on the Santa Fe Plaza for the 2^nd Annual Honoring Native Nations Powwow.  They welcome all Native nations to participate in a day of intertribal dancing and celebration the rich diverse culture.  Bring your tribal flag for the Parade of Nations at noon.  Guest drums are welcome.  https://santafeindigenouscenter.org/events/

On the website there is a New! two-minute Powwow Etiquette Video for viewing. 

6. Saturday, October 19^th – Trinity Site Open House. https://home.army.mil/wsmr/contact/public-affairs-office/trinity-site-open-house

7. Monday, October 21^st from 4:30 pm to 6:30 pm – Virtual Public Training for LANL’s Electronic Public Reading Rooms (EPRRs) and IntellusNM on WebEx. The LANL EPRR and the Los Alamos Legacy Cleanup EPRR are LANL information repositories for environmental and administrative information. and correspondence.  http://eprr.lanl.gov   The IntellusNM is the data portal providing continuous public access to environmental data collected on and around LANL.  https://IntellusNM.com
   

Unfortunately, DOE, Triad National Security, and N3B, the LANL Cleanup Contractor, have not posted the meeting information with links in an easily accessed place on the website.  Nevertheless, here is the latest:

Updates

October 1, 2024:

Public virtual training on general use of the LANL Electronic Public Reading Room and IntellusNM.com will be offered on October 21st from 4:30-6:30 pm MT via Webex.  Information on how to participate in the training can be found at the following link:

2024 Notice of Public Training for the Electronic Public Reading Room and IntellusNM Los Alamos National Laboratory Hazardous Waste Facility Permit EPA ID No. NM0890010515

Tags: 80 pits per year, 80 ppy, Ben Cunningham, Complex Transformation Supplemental Programmatic Environmental Impact Statement, CT SPEIS, Department of Energy, DOE, Gullah/Geechee Sea Island Coalition, individual Tom Clements, injunctive relief, LANL, Los Alamos National Laboratory, National Environmental Policy Act, National Nuclear Security Administration, NEPA, NNSA, Nuclear Watch New Mexico, plutonium pit production, Savannah River Site, Savannah River Site Watch, South Carolina Environmental Law Project, SRS, Tri Valley Communities Against a Radioactive Environment, Tri-Valley CARES, United States District Court Judge Mary Geiger Lewis, “hard look