Citizens Demand Voice in Plutonium Debate
File Federal Lawsuit

Columbia, SC--A group of South Carolina citizens moved to intervene this afternoon in the lawsuit filed by Governor Jim Hodges against the U.S. Department of Energy (DOE) and Secretary of Energy Spencer Abraham. The Citizens seek permission to file a class action lawsuit in an attempt to resolve the controversy over plans to ship six tons of weapons-grade plutonium to South Carolina.

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. It seeks up to $10,000 per South Carolinian or a fee-for-service resolution that would be part of a mediated settlement.

The class action, which was filed today in Federal Court in Aiken, argues that the 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.

"This site has played an important role in nuclear preparedness over the years," Mayor Lemon added, "and we have been proud to contribute to the national defense. We have also benefited from its presence in the form of job creation, investment, and economic opportunity.

"Now, the government wants us to play a similar role in the process of nuclear disarmament. All we are asking is that the government continue its commitment to South Carolina and provide benefits that are just and reasonable."

"The federal government does not ask someone to serve in the military without paying him or her," said Marguerite Willis of Nexsen Pruet Jacobs & Pollard, who represents the citizens. "We think the same standards should apply for South Carolinians who are assisting in national security by storing dangerous plutonium."

The citizens also filed two related motions. The first seeks an expedited hearing on their intervention no later than June 13, two days before the end of DOE's self-imposed moratorium on transporting the material into South Carolina. The second asks for a mediated solution - with the initial session to begin by July 22, 2002 - that would avoid a lengthy court fight.

As part of their request for mediation, the citizens are proposing a solution that Mayor Lemon said he believed was "a win-win for everyone." It would require the federal government to pay a per-day service fee that would begin when the plutonium enters South Carolina and continue as long as the material remains at SRS or until it is transferred to a reprocessing plant that has yet to be built.

Under the proposal, South Carolina could potentially receive millions of dollars that could rescue the state from its budget crisis. "By continuing to serve our country, we could also restore state budget cuts, support education, and meet other critical needs in our state," Mayor Lemon said. "It is a win-win for everyone involved."

Nexsen Pruet attorney Neil Robinson, an expert in property rights and "takings" cases, added that it was fair as well. "It's only right to compensate someone for his or her loss," Robinson said. "And in this case, it's the people of South Carolina who are losing - and losing big. When the Federal Government imposes such a hazardous burden upon our citizens for the benefit of the entire country, our Constitution demands that appropriate compensation be paid."