Historic Settlement Reached in NEPA Lawsuit Over Plutonium “Pit” Bomb Core Production
News release, January 17, 2025
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.”
etc.
full news release, with link to “settlement agreement,” posted here: https://nukewatch.org/wp-content/uploads/2025/01/Settlement-Reached-in-Historic-NEPA-Lawsuit-Over-Plutonium-Pit-Bomb-Core-Production.pdf
US Government declarations of note filed in the lawsuit by DOJ/NNSA – these declarations affirm that the goal is to replace the plutonium pits in all 3758 active nuclear weapons – figure from testimony of Marv Adams & mentioned in declaration of General Cotton.
Declaration of NNSA Deputy Administrator Marv Adams, “in support of defendants’ position on remedies,” December 12, 2024 – Signed by NA-10 – APPELLATE-#540618-v1-Nuclear_Pits_Dr__Adams_Declaration_121224 FINAL v2
Especially see # 6 in the above declaration – stating the US has 3748 nuclear warheads at the end of Fiscal Year 2023 and that pits in all warheads will eventually be replaced.
Declaration of General Anthony J. Cotton, Commander, United States Strategic Command, “in support of defendant’s position on remedies,” November 13, 2024 – FINAL_Gen Cotton Declaration 13 Nov 2024
Especially see # 19, where he states that “New or modernized warheads all need new plutonium pits over time.”
Federal judge affirms settlement agreement and, with our agreement, dismisses our lawsuit – meaning the process leading to a Programmatic EIS on plutonium pit production, must go forward and is legally binding on NNSA and NNSA has 2.5 years to complete the PEIS and issue a “Record of Decision”, February 14, 2025: SRS Order Dismissal Feb 14 2025
Settlement agreement, January 15, 2025, between plaintiffs (SRS Watch, Nuclear Watch New Mexico, Tri-Valley CAREs and Gullah/Geechee Sea Island Coalition) and DOJ/NNSA, in which NNSA is legally bound to prepare a Programmatic EIS on all impacts of plutonium pit production & this version contains the declarations linked above, plus those supporting the plaintiffs – of Jay Coghlan, Nuclear Watch New Mexico and Dr. Dylan Spaulding, Union of Concerned Scientists, in which he affirms the need for a PEIS, that new pits are for new warheads and that reuse of existing pits must be analyzed: final settlement PEIS lawsuit Jan 16 2025