JUDGE RULES AGAINST DOE/NNSA PIT PRODUCTION PLAN AT SAVANNAH RIVER AND LOS ALAMOS, BUT ALLOWS PROJECT TO MOVE FORWARD

On Monday, a South Carolina federal judge ruled that the Department of Energy (DOE) and the National Nuclear Security Administration violated environmental law (the National Environmental Policy Act, or “NEPA”) through its plan to boost plutonium pit production at Los Alamos National Laboratory and the Savannah River Site. The judge ruled that DOE had not undertaken a proper analysis of how its two-site strategy would impact the environment, nor had DOE evaluated how its needs and purpose for pit production have evolved since 2008. 

The judgement, however, did reject other claims brought against DOE with regards to the pit production plan. Plaintiffs suggested that DOE should vacate its pit production plan, an outcome that DOE claims would lead to massive job losses and detrimental impacts to local economies and national security. 

The judge, finding neither outcome ideal, directed DOE and the plaintiffs to confer and reach a middle ground that would ameliorate the problems presented by both parties, and to submit a joint proposal to the Court regarding how DOE may remedy its NEPA violations with respect to the pit production plan.