Citizens ask Judge to Reconsider Plutonium Ruling

Columbia, SC - South Carolina Citizens plan to ask a federal judge to reconsider their request to have a voice in the continuing debate over whether the state will be forced to accept six tons of weapons-grade plutonium from Colorado.

On Tuesday, U.S. District Judge Cameron Currie denied their motion to become involved in Gov. Jim Hodges's action against the U.S. Department of Energy (DOE), citing concerns that a late entry into the process might slow an eventual resolution.

The Citizens said that while they understand Currie's argument, they plan to press on with their legal efforts.

"We're disappointed," Barnwell Mayor Edward Lemon said. "Slowing the process is not our intention. We plan to file a motion for reconsideration with the Judge."

The Citizens' suit, which neither advocates nor opposes the shipment, is designed to ensure that South Carolinians are properly compensated if the material is eventually stored at the Savannah River Site near Barnwell. But beyond that, said David Cannon, a resident of Barnwell, it is aimed at guaranteeing that the people have a say in any decision.

"One of the most basic rights we have as citizens is the right to participate and be heard in the decisions that affect us," said Cannon, a party in the suit. "If ever there was an issue in which that right needed to be protected, it is the issue of whether weapons-grade plutonium from Colorado will be stored in South Carolina without just compensation.

"To us, this is not about political maneuvering or bureaucratic procedures. It is about our land, our families, our community, our quality of life, and our future."

Since the plutonium controversy surfaced, there have been proposals and counter-proposals on how to best resolve it. While the Citizens have said they do not doubt that the competing plans may have their good points, none allows the people of Barnwell County - and all of South Carolina - a voice in the proceedings.

"That is not fair." Mayor Lemon said. "We are the ones who will have to bear the burden of having more plutonium in Barnwell and this State. The resulting decreases in property values, increases in taxes, and heightened threat of terrorism will fall - and fall heavily - on our shoulders as South Carolinians."

The Citizens' filed their motion to intervene on based on their claim that DOE's plan to ship the material from Colorado to SRS violates the United States Constitution in the following ways:

• It represents an illegal taking, because storing the plutonium will permanently harm the local economy - including loss of jobs, reduced economic investment in the area, and declining property values - without providing just compensation for that damage.
• It requires the people of South Carolina to solely shoulder the burden of managing the plutonium and its risks - a national defense responsibility that rests with all Americans - and thus denies the Citizens their 5th Amendment right to equal protection.
• By storing the material at SRS, the government has fashioned an implied contract for which South Carolinians should receive fair and just compensation.