Failure to Comply with Environmental Law in Plutonium Pit Production Expansion
A federal judge has ruled that the National Nuclear Security Administration (NNSA) violated environmental regulations by failing to properly evaluate the environmental impacts of expanding plutonium pit production at two U.S. nuclear weapon production sites. The ruling came in response to a legal challenge brought by several advocacy groups opposing the government’s plans for increased production of nuclear warhead components at facilities in South Carolina and New Mexico.
Outdated Environmental Impact Study and Insufficient Analysis
The plaintiffs challenged the NNSA’s 2018 plan to produce plutonium pits, key components of nuclear warheads, at Savannah River in South Carolina and Los Alamos National Laboratory in New Mexico. They argued that the plan relied on an outdated environmental impact study and failed to adequately assess the environmental consequences of simultaneous production at both sites. U.S. District Judge Mary Geiger Lewis agreed, ruling that the NNSA neglected to properly consider the combined effects of its two-site strategy and failed to explore alternatives in line with the National Environmental Policy Act (NEPA).
“Defendants neglected to properly consider the combined effects of their two-site strategy and have failed to convince the court they gave thought to how those effects would affect the environment,” Judge Lewis said in her ruling.
Nuclear Watchdog Groups Praise the Decision
Jay Coghlan, director of Nuclear Watch New Mexico, praised the court’s decision, stating, “These agencies think they can proceed with their most expensive and complex project ever without required public analyses and credible cost estimates.” Nuclear Watch New Mexico, along with other environmental and safety groups, is one of the plaintiffs in the lawsuit.
The court order grants the litigants two weeks to propose a potential compromise in writing, though no resolution has yet been reached.
Government’s Response and Continuation of Pit Production
The NNSA, which oversees nuclear weapons production, is reviewing the court’s decision. A spokesperson for the agency, Milli Mike, said the agency is consulting with the Department of Justice and will comply with the court’s order to engage with the plaintiffs. However, Mike noted that “work on the program continues,” even as the legal process unfolds.
Despite the setback, the court rejected several additional claims, including concerns about the disposal of radioactive materials from the pit-making process. The judge’s ruling did, however, point to the NNSA’s failure to conduct a proper study on the combined environmental effects of using both production sites.
Background on Plutonium Pit Production
Plutonium pits, the hollow, globe-shaped cores of nuclear warheads, have been produced at various facilities in the U.S. The Los Alamos National Laboratory previously produced pits until 2012, but production was halted due to safety lapses and accountability concerns. Proposals to shift production to the Savannah River site in South Carolina sparked political battles in Washington, D.C., with New Mexico senators fighting to retain Los Alamos’ role in the multibillion-dollar program.
The Department of Energy aims to ramp up production at both sites, aiming for 80 pits per year despite delays and cost overruns.
