Nevada, South Carolina Spar Over Plutonium Shipments

The U.S. Department of Energy has disclosed that it already has shipped one-half metric ton of weapons-grade plutonium to a nuclear security site in Nevada that the state has been trying to block in a federal court battle.

The Justice Department notified a federal judge in Reno Wednesday the government had already trucked the radioactive material to the site north of Las Vegas when Nevada filed a request for an injunction to block the move in November.

Department lawyers said in a 9-page filing that the previously classified information about the shipment from South Carolina can be disclosed now because enough time has passed to protect national security.

Governor Steve Sisolak released a statement on Wednesday blasting the Department of Energy for a so-called secret plutonium shipment to Nevada last year.

“I am beyond outraged by this completely unacceptable deception from the U.S. Department of Energy. The Department led the State of Nevada to believe that they were engaging in good-faith negotiations with us regarding a potential shipment of weapons-grade plutonium, only to reveal that those negotiations were a sham all along. They lied to the State of Nevada, misled a federal court, and jeopardized the safety of Nevada’s families and environment. My administration is working with our federal delegation, and we will use the full force of every legal tool available to fight back against the federal government’s reckless disregard for the safety of our state.” 

His statement comes as a legal battle between South Carolina and Nevada continues over whether the government can ship a metric ton of weapons-grade plutonium to a site near Las Vegas.

South Carolina's lawyers want the case moved to their state where a federal judge issued an order earlier that the plutonium be removed from the Savannah River site by Jan. 1, 2020.

Both sides claim the legal upper hand in new court filings regarding the proper forum to examine the U.S. Department of Energy's decision last August to truck the plutonium to Nevada without further environmental review.

The Department of Justice, on behalf of the Department of Energy, provided this statement:

"After review of the unusual circumstances surrounding the release of information concerning the shipment of plutonium to Nevada in compliance with the injunction issued by the U.S. District Court in South Carolina and the need to protect national security while providing as much transparency as feasible, the Department of Energy (DOE) has determined that certain information relevant to the Nevada litigation is now declassified and it may now provide additional information to the Court and the parties. 

In order to provide security for its shipments of these kinds of materials DOE normally will not release information about the status of the shipment(s) until sometime after the shipping “campaign” is concluded. The agency originally determined that all shipments related to compliance with the order of the U.S. District Court in South Carolina constituted one campaign. After due consideration, and in light of the factors set out above, DOE has now decided that it may consider the shipment of plutonium to Nevada under the court order as a separate campaign.

Because sufficient time has now elapsed after conclusion of this campaign, DOE may now publicly state that it has completed all shipment of plutonium (approximately ½ metric ton) to Nevada pursuant to its efforts to comply with the South Carolina U.S. District Court order. Although the precise date that this occurred cannot be revealed for reasons of operational security, it can be stated that this was done before November 2018, prior to the initiation of the litigation."

U.S. Senator Catherine Cortez Masto (D-Nev.) released the following statement:

“It’s unconscionable that the Department of Energy (DOE) and National Nuclear Security Administration (NNSA) went into federal court in Nevada and failed to disclose that they shipped weapons grade plutonium into our backyards. Not only did Secretary Perry and the agencies under his direction act in bad faith by totally ignoring the will of our Governor, their decision also completely disregards the health and safety of Nevadans. Tomorrow, I’ll have representatives of the DOE and NNSA in my office to brief me. I’ll be demanding they explain why these agencies ignored a federal court and how this reckless decision was made. The Trump Administration will find that I’ll be shining a bright light on this, as well as any high level effort to bring nuclear waste into our state by reviving Yucca Mountain. The voices of Nevadans must be heard and I’ll be fighting for legislation that makes certain their voices are heard on this issue and this never happens behind the backs of Nevadans again.”

U.S. Senator Jacky Rosen (D-NV) released this statement:

“Today, the National Nuclear Security Administration revealed that it moved forward with shipping dangerous, weapons-grade plutonium to our state without informing anyone of their plans,” said Senator Rosen. “They misled a federal court along with Members of Nevada’s delegation, including our very own governor, in a deceitful and unethical move, jeopardizing the health and safety of thousands of Nevadans and Americans who live in close proximity to shipment routes. This is a serious issue and the lack of transparency from the Department of Energy is absolutely unacceptable. I am prepared to take action with Governor Sisolak and the Nevada delegation in holding this Administration accountable for this reckless decision.”

Representative Dina Titus of Nevada’s First Congressional District released the following statement:

“Time and again, we have seen Trump Administration officials treat Nevada as the dumping ground for the nation’s nuclear waste,” said Congresswoman Dina Titus (NV-1). “First, they sent ‘CEUSP U-233’ to the Test Site from Oak Ridge and now they’re sending us plutonium from South Carolina. In this latest injustice, Trump’s Department of Energy misled the courts and refused to give notice to Nevada’s elected officials. If the Trump Administration thinks that making such a reckless decision under the shroud of secrecy will allow them to move forward with Yucca Mountain, they are mistaken. I will work tirelessly with Governor Sisolak and the Nevada Delegation to fight the U.S. Department of Energy’s unchecked and unethical activity.” 

(The Associated Press contributed to this report.)