June 26, 2020
Carson City, NV – Today,
Governor Steve Sisolak, Attorney General Aaron D. Ford, and Nevada’s federal
delegation announced a finalized settlement agreement between the State of
Nevada and the Department of Energy (DOE) regarding their shipment of
weapons-grade plutonium. The settlement marks a significant victory in Nevada’s fight to prevent the DOE
from making Nevada its plutonium destination of choice.
In August 2018,
the DOE announced its plan to ship up to one metric ton of plutonium to Nevada
for indefinite storage. The DOE’s plan failed to adequately address the
environmental impacts and risks involved. The Offices of the Governor and the
Attorney General took immediate action to prevent these shipments from entering
Nevada, and the Office of the Attorney General subsequently filed suit on
behalf of the State. Through the filing of this lawsuit, the State uncovered
that the DOE had secretly shipped one-half of the proposed plutonium shipments
to the State while seemingly engaged in good faith discussions with the State’s
leaders.
Today, the
State of Nevada and the DOE entered into a settlement agreement to resolve this
litigation and begin to rebuild the trust crucial to maintaining the long-standing
relationship between the DOE and the State.
“I am pleased
to see the results of the hard work and persistence on behalf of Nevadans from
the Attorney General’s Office and our federal delegation to reach this
settlement agreement,” said Nevada
Governor Steve Sisolak. “This settlement is a significant victory in our
State’s efforts to keep the weapons grade material out of our State."
“This resolution marks a significant commitment from the
Department of Energy to remove the plutonium that was sent into our State
without notice or consent,” said Attorney General Aaron D. Ford. “Every
Nevadan should rest assured that their health and safety continues to be our
first priority. The governor, our federal delegation and my office have worked
tirelessly to have this dangerous, weapons-grade material removed from our
State. While I’m hopeful that this agreement is the basis for a stronger
and more collaborative relationship with the Department of Energy, my office
stands ready to protect the interest of Nevadans. I thank Secretary Brouillette
for his commitment to Nevadans and look forward to seeing the safe removal of the plutonium
begin next year.”
In April 2019, Senator Catherine Cortez Masto received
a commitment to remove the plutonium from then-Secretary of Energy Rick
Perry. Senator Cortez Masto further successfully requested Secretary
Brouillette to stand by those commitments when questioning him at his
confirmation hearing. The commitments obtained by Senator Cortez Masto provided
the framework for the settlement agreement that the State enters into with the DOE
today.
“I’m pleased that the Department of
Energy and the State of Nevada have reached a settlement to remove the
weapons-grade plutonium that was secretly shipped to Nevada and to prevent any
future shipments from South Carolina,” said Senator Catherine Cortez
Masto. “I’d like to thank Attorney General Ford and Governor Sisolak for
keeping up this fight to hold the administration accountable.”
Congresswoman Titus has fought to
remove the plutonium from Nevada and prevent additional shipments.
"The Trump Administration attempted to mislead the courts and secretly
dump radioactive plutonium in our backyard. Nevadans have Governor Sisolak,
Attorney General Ford, and our Congressional delegation to thank for not letting
the Department of Energy get away with it,” said Congresswoman Titus. “Time
and again, the Trump Administration has treated our state as a trash can for
the nation's waste. Today's announcement is a major step toward reversing the
damage inflicted upon our state and protecting the health and safety of
Nevadans."
As part of this
settlement agreement, the DOE will begin removing the one-half metric ton of
plutonium currently in the State next year. The DOE will have this material
completely removed from the State by no later than the end of calendar year
2026. The DOE also agrees that it will not ship the additional one-half metric
ton of plutonium that it originally had planned to Nevada.
Most
importantly, the agreement applies to the remaining weapons grade
plutonium stored at the DOE Savannah River Site in South Carolina. The DOE
failed to convert this surplus weapons plutonium into reactor fuel to render it
unsuitable for warheads, as part of a nuclear arms control agreement between
the United States and Russia. The DOE may be required remove the remaining plutonium
– more than ten metric tons – in the next 18 months.
By this agreement, the DOE has stated its intention to
meet any future obligations without sending additional surplus plutonium to
this State. The DOE agrees to notify the Attorney General Ford if this
“intention” changes within 30 days. This will give the AG Ford time to file
suit if necessary to protect the State’s residents and environment.
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