Largest settlement in state history awarded in lawsuit over Savannah River Site plutonium

Federal Givernment agrees to pay SC and remove tons of plutonium in the Savanah River Site

COLUMBIA, S.C. (WOLO) — Attorney General Alan Wilson (R-SC) announced Monday morning that the U.S. Department of Energy has agreed to pay the state $600 million, and has also agreed to remove 9.5 metric tons of plutonium from the Savannah River Site.

Under the settlement, the Department of Energy has until 2037 to clear the site of the plutonium and safely dispose of the nuclear materials. Dan Brouillette, the Secretary of Energy, said his team plans on removing all the remaining plutonium well before the 2037 deadline. The original deadline to remove the plutonium was set for 2022.

For several years, South Carolina has been entangled in lawsuits with the U.S. Department of Energy concerning the removal of more than nine metric tons of plutonium that first came to the state in 2002. 

Now with the state securing what Wilson said is the largest settlement in state history from the federal government, the Department of Energy has more time to safely remove the nuclear materials. 

“The purpose of the 15-year grace period is to give the Department of Energy space to safely and efficiently remove or dispose of the defense plutonium without the distraction of having to defend itself of contentious and expensive litigation with South Carolina,” Wilson said.

One state leader who is not in favor of the settlement is Gov. Henry McMaster (R-SC).

The Governor wrote a letter to the Attorney General, expressing his concerns about the $75 million in legal fees to private law firms and how the agreement gives the Department of Energy more time to remove the plutonium without any threat of legal action from the state.

In part, McMaster wrote to Wilson:

“To be clear, I appreciate your efforts to recover the economic and impact assistance payments owed to the State and your pursuit of this litigation more generally. However, as I have repeatedly conveyed, it is of paramount importance that South Carolina not become a permanent plutonium waste repository. Therefore, I can not support a Settlement Agreement that extends DOE’s existing removal deadlines by up to 20 years and potentially sidelines South Carolina’s future leadership by restricting the State’s ability to enforce its legal rights.”

Wilson said the law firms that helped them push the litigation through the courts included Davidson, Wren, and Demasters of Columbia as well as Willoughby and Hoefer, which has offices in Columbia and Charleston.

“We got the best deal we could get under the facts that currently exist and you’re not going to have everybody agree with every single thing. The firms brought us the deal, the firms brought us the actual legal strategy,” Wilson said.

Wilson said now that the money is heading to the State’s General Fund, he will work with the Governor and the General Assembly to determine how the money will be spent.

Sen. Lindsey Graham (R-SC) says no matter how you slice and dice it, the settlement is a much needed boost to the state economy.

“A half-billion dollars is real money, it comes at a time when we need the money in South Carolina, and the most important thing is that we have a contract, a legally-enforceable contract, that is not going to be changed, can’t be changed, and the material will leave here in a reasonable fashion,” Sen. Graham said.