weather icon Light Rain

Weapons-grade plutonium secretly sent to facility north of Las Vegas

Updated January 30, 2019 - 9:39 pm

WASHINGTON — Weapons-grade plutonium was secretly shipped from South Carolina to a federal facility north of Las Vegas before November without the consent of state officials who filed a federal lawsuit to stop it, the general counsel for the National Nuclear Security Administration revealed Wednesday.

The secret shipment of one-half metric ton of the bomb-making material was made to comply with a U.S. federal district court order in South Carolina, Bruce Diamond, the NNSA counsel, disclosed in a court filing.

Nevada Gov. Steve Sisolak said he was “beyond outraged by this completely unacceptable deception” from the Department of Energy.

“They lied to the state of Nevada, misled a federal court, and jeopardized the safety of Nevada’s families and environment,” Sisolak said in a statement from Carson City.

Later, at a news conference, Sisolak said the state had filed for a temporary restraining order to prevent the Energy Department from shipping any more plutonium to the Nevada National Security Site, located about 65 miles northwest of Las Vegas.

“We’re also seeking any and all legal remedies to us against the Department of Energy, who misled officials,” he said.

The Department of Energy and NNSA said in the court filing that the shipment was classified to provide security. Some information was declassified Wednesday to notify Nevada, which filed a lawsuit in November to stop the move.

Diamond said in the filing the shipment was made “before November 2018, prior to the initiation of the litigation.”

Injunction denied

A hearing on Nevada’s lawsuit was held earlier this month in federal court in Reno. U.S. District Judge Miranda Du did not rule on Nevada’s request for a preliminary injunction at that time, but said she hoped the government would not ship plutonium pending her ruling.

Hours after the Energy Department disclosed that the plutonium was already in Nevada, Du denied the preliminary injunction to stop the shipment.

Du wrote in her ruling that Nevada’s claims of irreparable harm to lands, environment and citizens is “merely a theoretical possibility at this juncture.”

Du added that the hardships posed to the federal government in not complying with the South Carolina court order “outweighs the hardships to Nevada based on likely speculative harms.”

Du has yet to rule on the request for a restraining order that Nevada filed Wednesday.

Sen. Catherine Cortez Masto, D-Nev., said she will be briefed by Energy and NNSA officials on Thursday about the secret shipment. Rep. Mark Amodei, R-Nev., also is seeking briefings about the transfer from state and Energy officials.

“It’s unconscionable,” Cortez Masto said, that Energy and NNSA officials “went into federal court in Nevada and failed to disclose that they shipped weapons grade plutonium into our backyards.”

Rep. Dina Titus, D-Nev., accused the Trump administration of making “a reckless decision under the shroud of secrecy” with unchecked and unethical activity.

Sen. Jacky Rosen, D-Nev., and Reps. Susie Lee and Steven Horsford, whose congressional district includes the Nevada National Security Site, also registered complaints about the secret shipment.

Horsford said he is seeking a congressional oversight hearing in the House on the plutonium shipment.

Health, environmental concerns

Nevada cited health and environmental concerns in its motion to halt the Trump administration from shipping one metric ton of weapons-grade plutonium from South Carolina to Nevada.

It argued that shipping the weapons-grade plutonium through Nevada posed a risk of exposure to its population and environment, including water sources.

It also cited concerns about shipping the bomb-making material on highways.

“I don’t want Interstate 11 to become the plutonium expressway,” Robert Halstead, executive director for the Nevada governor’s Agency for Nuclear Projects and Nuclear Waste Project Office, said after the state filed its lawsuit.

In the filing Wednesday, DOE and NNSA did not disclose the route of the shipments, or the states that the plutonium traveled through as it was transported by truck. It is unknown if the material passed through Las Vegas, or traveled through Northern Nevada.

“The shipment of this large amount of plutonium on our nation’s highways has no justification beyond pleasing the federal court in South Carolina, and due to the environmental and security risks it posed should have never taken place,” said Tom Clements, director of Savannah River Site Watch, a watchdog group opposed to the move.

“We hope that this shipment concludes the campaign to transfer plutonium” from South Carolina to Nevada, Clements said.

As for what becomes of the plutonium now in Nevada, Sisolak said it was unclear.

“We do not know,” he said. “We’re exploring the options available to us about the shipment that’s already arrived.”

S.C. court order

The Energy Department is under federal court order in South Carolina to move a metric ton from the site in compliance with national environmental laws.

In it lawsuit opposing the transfer, Nevada claimed the Trump administration violated the National Environmental Policy Act of 1969 by failing to conduct an environmental impact study to determine risks for shipping the high-grade material in 35-gallon drums.

DOE disputed that claim, saying it complied with environmental laws in its assessment of the transfer.

In addition, the state claims that DOE failed to look at five alternative sites, including those in New Mexico, Texas and Tennessee, before selecting Nevada to store the material.

The lawsuit was filed by then-state Attorney General Adam Laxalt at the direction of former Gov. Brian Sandoval.

The state argued that once the material is moved, “Nevada will forever lose the ability to formally comment upon safety and environmental concerns related to the shipments.”

The NNSA claimed the material would be temporarily stored at the DOE-operated site north of Las Vegas until it could be moved to Los Alamos National Laboratory in New Mexico or another site.

The NNSA has shipped bomb-making materials between its sites before safely, according to the agency.

Contact Gary Martin at gmartin@reviewjournal.com or 202-662-7390. Follow @garymartindc on Twitter. Carson City Bureau Chief Colton Lochhead contributed to this report.

Plutonium Court Filing by on Scribd

Don't miss the big stories. Like us on Facebook.
Politics Videos
Former Nevada Senate leader Kelvin Atkinson sentenced to prison
Former Nevada Senate Majority Leader Kelvin Atkinson, who pleaded guilty to misusing campaign funds, was sentenced to 27 months in prison on Thursday, July 18, 2019. (Mat Luschek/Las Vegas Review-Journal)
Trumps Strength is also a Weakness - Video
One of Donald Trump’s greatest strengths — his ability to shape national narratives — is also a great weakness.
Tax the Rich Bus Tour makes a stop in Las Vegas - Video
The Tax the Rich Bus has stopped in Las Vegas as part of its summer tour. (Las Vegas Review-Journal)
Assemblywoman Daniele Monroe-Moreno hosts BBQ - Video
Assembly Woman Daniele Monroe-Moreno hosts BBQ to bring the community together to hear about the candidates up for election and for people to gather and have fun.
Democrat Virtual Caucus - Video
Elizabeth Warren visits Las Vegas
Senator Elizabeth Warren made a campaign stop at the East Las Vegas Community Center on Tuesday July 2, 2019. (Mat Luschek / Review-Journal)
Aaron Ford Speaks About Bill AB431
AB431 is a bill sponsored by Nevada Assembly Speaker Jason Frierson to restore the right to vote for formerly incarcerated individuals. Attorney General Aaron Ford spoke at the AM&E Church in North Las Vegas about the bill, on Monday, July 1, 2019. (Mat Luschek/Las Vegas Review-Journal)
The Right Take: Biden's Racially Questionable Comments
Joe Biden has uttered racially charged statements for years. Now that he’s the frontrunner for the Democrat presidential nomination, he may finally face prolonged scrutiny for them.
Christopher Rufo Discusses Homelessness In The USA - VIDEO
Christopher Rufo discusses homelessness in the United States and how politicians can work to improve conditions for those with drug addictions.
Clark County 2019 Election Results - Video
The 2019 Elections wrap up in Clark County including an upset in the Boulder City Mayor race.
Olivia Diaz talks about her win in Ward 3 - VIDEO
Las Vegas City Councilwoman-elect Olivia Diaz talks about her election win in Ward 3 and what lies ahead for her.
Greene discusses Read by 3 and Opportunity Scholarships - VIDEO
The Nevada Legislative Session is over and the results are mixed for Nevada students, according to Tom Greene, Senior regional legislative director, Excel in Ed in Action.
Bernie Sanders visits Las Vegas
Sen. Bernie Sanders made a stop at Roy W. Martin middle school on Thursday, during his campaign trail.
Kamala Harris campaigns in Las Vegas
Democratic Sen. Kamala Harris castigated President Donald Trump’s merit-based immigration plan, saying it was “short-sighted” and overlooked the cultural significance of family, during a campaign stop in Las Vegas. “We cannot allow people to start parsing and pointing fingers and creating hierarchies among immigrants,” Harris told Asian Pacific Islander leaders at a Chinatown restaurant, one of two appearances she made Thursday.
The Right Take New Education Funding Plan - VIDEO
On Monday, Senate Education Committee chair Mo Denis, D-Las Vegas, released a new education funding formula. For years, many Democrat politicians have criticized the current education funding formula, called the Nevada Plan. They claim it’s old and outdated. Their biggest beef is that it doesn’t allocate more money for students who are English Language Learners or live in poverty. The theory is that it’s harder to educate those students and so they need additional services, which costs additional money.
Kamala Harris campaigns in Nevada
California Senator Kamala Harris meets with One APIA Nevada, a nonprofit organization that advocates for policies empowering Asian Pacific Islander Nevadans. (Michael Quine/Las Vegas Review-Journal)
Ben Carson talks housing (Audio only)
Ben Carson discusses housing with the Review-Journal editorial board on Thursday. (Audio only)
Ben Carson visits the RJ (Full Audio Only)
Ben Carson discusses housing with the Review-Journal editorial board on Thursday. (Audio only)
Former Vice President Joe Biden campaigns in Nevada
After campaigning at the International Union of Painters and Allied Trades District Council 16 in Henderson, former Vice President Joe Biden spoke with the Review-Journal.
Student serenades Mayor Carolyn Goodman at swearing in
Students from the school she founded, The Meadows School, serenaded Las Vegas Mayor Carolyn Goodman during a swearing in ceremony for her third and final term. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Al Gore Speaks At UNLV About Climate Change - Video
Former Vice President of the United States Al Gore talks to an audience at UNLV about the effects of Climate change and how to switch to renewable sources of energy.
Forum on Wages and Working People Highlights - VIDEO
Presidential candidates Elizabeth Warren, Beto O'Rourke, Kamala Harris, Amy Klobuchar, Julian Castro, and John Hickenlooper speak in Las Vegas, Nevada.
Nevada Politics Today Valerie Weber - VIDEO
Valerie Weber sits down with Victor Joecks to discuss her policies and why she is running for Ward 2 of the Las Vegas City Council.
House committee OKs bill by Titus for airport signs

The House Homeland Security Committee approved a bill by Rep. Dina Titus, D-Nev., Wednesday to translate airport signs into multiple languages to assist tourists and others who don’t speak English.