‘Kept in the dark.’ Group sues feds for withholding Hanford nuclear site info

After waiting a year without results for the Department of Energy to release public documents about the Hanford nuclear site, Columbia Riverkeeper has run out of patience.

The Oregon-based environmental group focused on a clean and healthy Columbia River has filed a lawsuit in federal court asking a judge to order DOE to search for the documents and then promptly provide any that are public records.

DOE has yet to even make a final determination about whether it will comply with the Freedom of Information Act (FOIA) request submitted by Columbia Riverkeeper in June 2024, according to the lawsuit.

That decision was required within 20 days, it said.

DOE said it does not comment on matters involving ongoing litigation. It has 30 days to file a response in the U.S. Oregon District Court.

Columbia Riverkeeper is seeking records about DOE’s proposal to lease 19,000 acres of unused land at the 580-square-mile Hanford nuclear site in Eastern Washington for clean energy development.

The organization says the proposal includes the potential for nuclear energy infrastructure. Hanford was used to produce plutonium for the nation’s nuclear weapons program during World War II and the Cold War. Environmental cleanup is underway now.

DOE’s focus should be on environmental cleanup and the people who depend on a clean Columbia River, “not new development that could potentially increase our nuclear waste burden,” said Simone Anter, senior attorney and Hanford program director for Columbia Riverkeeper.

Efforts to restore the land and waters at and around Hanford are at a “tumultous moment,” given inadequate Trump administration budgets, she said. Current and proposed budgets fall short of what is needed to meet legal obligations for Hanford site cleanup.

The Hanford site, which the Columbia River flows through, was left contaminated by radioactive and hazardous chemical waste after producing nearly two-thirds of the plutonium for the nation’s nuclear weapons program from World War II through the Cold War.

Hanford clean energy plans

DOE announced in July 2024 that it was in negotiations for one of the largest in the nation, if not the largest, solar and battery storage energy projects to be built on 8,000 acres in the southeast area of Hanford.

It received 11 proposals for clean energy projects, but picked only the proposal by Hecate Energy based in Chicago, Ill., for a gigawatt-scale solar project. None of the proposals have been made public.

The Tri-City Development Council (TRIDEC) had asked that DOE reserve part of the 19,000 acres – a north-south corridor between Energy Northwest’s leased land and about 1,600 acres previously transferred to the Tri-Cities community for an advanced clean energy park. That land was not included in negotiations for the Hecate project.

Department of Energy

Energy Northwest is working toward developing an X-energy advanced small nuclear reactor on its leased land, and TRIDEC wants land nearby to demonstrate new clean energy technologies needed for critical industries such as fertilizer, cement, batteries, sustainable aviation fuels and chemicals.

Columbia Riverkeeper’s federal Freedom of Information Act (FOIA) request asked for documents related to the DOE Cleanup to Clean Energy Initiative at Hanford, with an interest in documents identifying what types of energy projects DOE was considering and what companies had submitted responses.

“Columbia Riverkeeper sought these documents from the Department to expand public awareness about Hanford cleanup, redevelopment of nuclear energy and the relationship between robust cleanup, public health and river resources in the Columbia,” it said in court documents.

No Hanford documents

The public has a right to see those documents, it said in court documents.

“FOIA requires transparency from our federal agencies, and it codifies a national policy in favor of disclosure of government records,” said Jamie Saul, executive director of the Wild & Scenic Law Center, the legal representative of Columbia River in the lawsuit. “Energy’s unlawful delay in responding to Columbia Riverkeeper’s valid FOIA request undermines the policy and prevents the public from learning about important government decisions related to the Hanford site.”

Under the Biden administration, DOE’s FOIA officer asked for clarification of the scope of the request and said in November that an agreement on a “refined scope” of the request had been met. It said then it was working to produce a partial release, followed up with more partial releases on a rolling production schedule.

But neither the Biden nor current Trump administration has issued a legally required final determination on whether it would comply with the request, responded to a request to waive fees, provided an estimated completion date or released any documents, according to the lawsuit.

“When it comes to government transparency and the Hanford nuclear site, the stakes couldn’t be higher for people who rely on the Columbia,” Anter said. “The public should not be kept in the dark about potential plans to redevelop an area where the U.S. government’s legally binding mission is cleanup.”