Table of Contents
Settlement Agreement
Note
Database Timeline
Data Elements Table
Press Release
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATURAL RESOURCES DEFENSE COUNCIL, ) |
et al., |
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Civ. No. 97-936 (SS) (AK) |
Plaintiffs,
v.
BILL RICHARDSON, Secretary of Energy,
et al.,
Defendants.
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________________________________________________
NATURAL RESOURCES DEFENSE COUNCIL,
et al.,
Plaintiffs,
v.
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Civ. No. 89-1835 (SS) (AK)
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JAMES D. WATKINS, Secretary of Energy,
et al.,
Defendants.
________________________________________________
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JOINT STIPULATION AND [PROPOSED] ORDER
I. INTRODUCTION
In Count I1 of Natural
Resources Defense Council v. Richardson, Civ. No. 97-936 (SS),
plaintiffs allege that defendants have violated and continue to violate a
settlement agreement entered as an Order by this Court on October 22, 1990 in Natural
Resources Defense Council v. Watkins
, Civ. No. 89-1835 (SS) (1990 Stipulation and Order), by failing to prepare an
Environmental Restoration (ER) and Waste Management (WM) Programmatic
Environmental Impact Statement (ER/WM PEIS). Plaintiffs allege that, because of
the violation, the Secretary of Energy, the Acting Assistant Secretary for
Environmental Management, the Assistant Secretary for Environment, Safety, and
Health, and the United States Department of Energy (DOE) are in civil and
criminal contempt of this Court.
Defendants allege that they are not in violation of the 1990 Stipulation and
Order. They further allege that the Secretary, the Assistant Secretaries, and
DOE are not in civil or criminal contempt of this Court.
By and through undersigned counsel, the parties agree and stipulate that they
are making this Joint Stipulation in good faith in an effort to avoid further
litigation of Count I of Natural Resources Defense Council v. Richardson,
Civ. No. 97-936 (SS), or Natural Resources Defense Council v. Watkins
, Civ. No. 89-1835 (SS); without any admission by defendants that they have
violated and are continuing to violate the 1990 Stipulation and Order or that
they are in civil or criminal contempt; and without any concurrence by
plaintiffs regarding defendants’ positions. In addition, by and through
undersigned counsel, the parties agree and stipulate to the following:
II. CENTRAL INTERNET DATABASE
A. Categories
DOE will establish a central database (Database), available to the public
through the Internet, that will contain information in the following
categories:
- Contaminated environmental media, contaminated facilities, and
waste controlled by the DOE Environmental Management (EM) Program. DOE will
categorize waste and contaminated media by waste type (i.e.
, high-level waste, transuranic waste (including buried transuranic waste),
low-level waste, and mixed low-level waste). As to contaminated facilities, DOE
will identify the facilities, and describe their use and status (operating or
standby) and size (approximate square footage).
- Contaminated facilities and waste generated by programs managed by
the DOE Offices of Defense Programs (DP), Science (SC), and Nuclear Energy
(NE). DOE will categorize waste and contaminated media by waste type (i.e.
, high-level waste, transuranic waste, low-level waste, and mixed low-level
waste). As to contaminated facilities, DOE will identify the facilities, and
describe their use and status (operating or standby) and size (approximate
square footage).
-
DOE-managed, domestic, and foreign research reactor spent nuclear
fuel, excluding spent fuel from commercial reactors.
-
Sites governed by Section 151(b) of the Nuclear Waste Policy Act
(NWPA), upon the transfer of those sites to DOE ownership. As to these sites,
DOE will provide the name and the location of the sites, describe the sites,
and include available information provided to DOE at the time of transfer or
acquired by DOE after the transfer, regarding residual contamination.
- Sites managed as part of the Formerly Utilized Sites Remedial
Action Program (FUSRAP), if they have been returned to DOE for
management. As to these sites, DOE will provide the name and the location of
the sites, describe the sites, and include available information provided to
DOE at the time of transfer or acquired by DOE after the transfer, regarding
residual contamination.
B.
Types of Information
For each of the categories listed above, DOE will provide the following types
of information in the Database:
- Location of site/radioactive material. DOE will provide the
name of the DOE site (e.g.
, the Savannah River Site (SRS), the Pantex Plant (Pantex), the Idaho National
Engineering and Environmental Laboratory (INEEL)) where the radioactive
material is generated, stored, treated, or disposed.
- Volume or mass of radioactive material. (a) As to waste,
which DOE will categorize by waste type (i.e.
, high-level waste, transuranic waste, low-level waste, and mixed low-level
waste), DOE will provide information about the annual volumes (beginning with
1998), and the future projected volumes, of waste in storage, newly generated,
treated, and disposed; (b) as to contaminated environmental media, DOE will
provide the estimated volume of the media; (c) as to spent nuclear fuel, DOE
will provide the mass of spent nuclear fuel in storage and the annual new
receipts of spent nuclear fuel; (d) as to contaminated facilities, DOE will
provide the approximate square footage of the facility, and identify whether
the contamination is radioactive, chemical, or both.
- Chemical constituents
. As to waste and contaminated environmental media, DOE will identify the major
chemical constituents of concern from a regulatory or programmatic perspective.
- Radioactivity of materials
. As to waste, contaminated environmental media, and spent nuclear fuel, DOE
will identify the major radionuclides of concern from a regulatory or
programmatic perspective, and it will provide the total estimated curie
content.
- Generator of waste or contaminated materials. DOE will
provide information about the generator of waste, contaminated media, or spent
nuclear fuel, by the DOE site (e.g., SRS, Pantex, INEEL) and the major
program (i.e.
, the DOE EM, DP, SC, and NE Offices) that is responsible for its generation,
to the extent such information is collected by DOE.
- Waste disposition plans and waste transfers. As to each
waste type, DOE will provide information about the waste disposition path in
terms of storage, treatment, and disposal, including site locations, to the
extent that such information is collected by DOE. As to waste transfers between
DOE sites or to commercial facilities, DOE will identify the shipping and
receiving sites, and the annual volume of transferred waste (by waste type).
C. Database Availability and Reporting Capability
DOE will make the Database available to the public on the Internet, through a
Web-based reporting tool which will provide the capability to generate standard
reports and perform searches and queries. DOE will develop the definition of
user requirements for the reporting tool in consultation with stakeholders. DOE
will provide reports, in hard copy, that are derived from the Database to
organizations that work on issues relating to DOE’s environmental management
activities, that do not have computer access to the Database, and that make
reasonable written requests to the DOE point-of-contact (see Section
II.G.1 of this Joint Stipulation) for specific information from the Database.
D. General Provisions Regarding the Database
DOE will premise the development, operation and maintenance of the Database on
the following:
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DOE will include in the Database only data (a) that is presently
available and collected by DOE on a national level, or (b) that is presently
planned to be collected in the future by DOE on a national level.
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The level and degree of detail of the data that DOE will provide
in the Database for each category of information will vary, depending on the
level and degree of detail of the data that are currently available to DOE and
that are collected by DOE on an ongoing basis.
- DOE will update the data elements in the Database in accordance
with its schedules and procedures. To the extent that DOE collects the data in
the Database annually, DOE will update those data annually. See also
Section II.D.9 of this Joint Stipulation.
-
DOE will not include in the Database any information that is
classified, unclassified controlled nuclear information (UCNI), or proprietary,
as defined by Executive Order 12958 and its predecessors; Sections 11(y) and
148 of the Atomic Energy Act of 1954 (AEA); and 18 U.S.C. § 1905, respectively.
- DOE will include in the Database only the data about
non-radioactive hazardous waste and toxic chemicals that are provided in the
DOE report entitled Annual Report of Waste Generation and Pollution Prevention
(Waste Generation Report) and the DOE report entitled Executive Order 12856,
Federal Compliance With Right-to-Know Laws and Pollution Prevention
Requirements Annual Report (Right-to-Know Report). These data are
generally limited to the generation site, annual generation volume, and the Annual
Toxic Chemical Release Inventory
(TRI). The Waste Generation Report provides the total volume of hazardous waste
generated, while the Right-to-Know Report provides data on toxic chemicals
released to the environment and transferred offsite for treatment and disposal.
DOE will provide in the Database the data from the Waste Generation Report only
after DOE has made the Waste Generation Report publicly available. DOE will
provide in the Database the data from the Right-to-Know Report, as well as the
underlying data, at the same time that DOE transmits the Right-to-Know Report
to the EPA.
-
DOE will not provide in the Database data on spent fuel from
commercial reactors.
- As to data in the Database about excess fissile materials and
other hazardous or radioactive material inventories, DOE will provide only the
data that is contained in the 1996 DOE report entitled Taking Stock: A Look at
the Opportunities and Challenges Posed by Inventories from the Cold War Era
(Materials in Inventory (MIN) Report). DOE currently has no plans to update
this data. In the event that DOE undertakes a national update of any nuclear
materials inventories, however, DOE will put any resulting unclassified update
in the Database.
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DOE will not be required to include data in the Database about
waste and facilities managed by the Naval Nuclear Propulsion Program.
- DOE will not be required to update the data in the Database more
frequently than on an annual basis, although it may choose to do so.
E. Conduct of National Stakeholder Forums
In accordance with the following provisions, DOE will sponsor national
stakeholder forums to address issues relating to the Database.
- DOE will sponsor, at a minimum, two national stakeholder forums.
DOE will sponsor a third national stakeholder forum upon plaintiffs’ timely
request (see Section II.F of this Joint Stipulation). For plaintiffs or
other organizations that are working on issues relating to DOE’s environmental
management activities, upon written requests explaining their demonstrated
need, DOE will consider applications for reasonable travel expenses associated
with attending these forums. Under no circumstances will DOE’s payment of the
reasonable travel expenses associated with the attendance by plaintiffs or
other organizations of the forums exceed $50,000 per forum. See also
Section II.F of this Joint Stipulation.
- DOE will conduct the first stakeholder forum no later than 180
days after the entry of this Joint Stipulation as an Order of the Court. The
purpose of the first forum will be to review the proposed outline, structure,
and linkages of the Database. No less than thirty days before the conduct of
the first forum, DOE will publish a notice in the Federal Register announcing
the first forum and its tentative agenda. Plaintiffs or other interested
organizations or individuals may submit comments on the tentative agenda to the
DOE point-of-contact (see
Section II.G.1 of this Joint Stipulation)
- DOE will conduct the second national stakeholder forum after the
Database becomes operational. The subject of the second forum will be the
operation of the Database, including its structure and linkages to other
databases. Some time after the first forum, DOE will inform plaintiffs, by
letter, when the Database becomes operational. DOE will conduct the second
forum no sooner than one year after the date on which DOE sends to plaintiffs
the letter informing plaintiffs that the Database is operational. No less than
thirty days before the conduct of the second forum, DOE will publish a notice
in the Federal Register announcing the second forum and its tentative
agenda. Plaintiffs or other interested organizations or individuals may submit
comments on the tentative agenda to the DOE point-of-contact (see Section
II.G.1 of this Joint Stipulation).
F. Duration of Maintenance and Operation of the Database
DOE will maintain the Database for a minimum of five years from the starting
date of the second national stakeholder forum (which will occur no sooner than
one year after the date on which DOE sends to plaintiffs a letter informing
plaintiffs that the Database is operational). Upon plaintiffs’ request, DOE
will sponsor a third national stakeholder forum (see Section II.E.1 of
this Joint Stipulation), before the expiration of the five-year period, to
consider the issue of whether DOE will maintain and operate the Database beyond
the five-year period. If plaintiffs make a request for a third forum,
plaintiffs will do so no later than the first six months of the final required
year of the operation of the Database. No less than thirty days before the
conduct of the third forum, DOE will publish a notice in the Federal Register
announcing the third forum and its tentative agenda. Plaintiffs or other
interested organizations or individuals may submit comments on the tentative
agenda to the DOE point-of-contact (see section II.G.1 of this Joint
Stipulation).
G. Links to Other Databases
- For the purpose of enhancing the usefulness of the Database, DOE
will work with plaintiffs to improve upon and refine the content of the
Database and to expand the availability of linkages in the Database to DOE
site-specific databases (which may include certain facility-specific or
program-specific information). In addition, within 30 days of the entry of this
Joint Stipulation as an Order of the Court, DOE will designate a DOE
Headquarters (HQ) point-of-contact to work with plaintiffs on this issue.
- Before the first national stakeholder forum (see
Sections II.E.1 and .2 of this Joint Stipulation), DOE will make a good-faith
effort to identify and provide to plaintiffs a list of the major databases that
may be included in or linked to the Database in order to improve the usefulness
of the Database to DOE or the public. The issue of whether those additional
databases should be added to or linked to the Database will be a subject of
discussion at the first stakeholder forum.
- DOE will work expeditiously to make any additions or refinements
agreed to by the parties at the first stakeholder forum. Any such additions,
refinements, or linkages to the Database, however, are subject to future
change or discontinuation if DOE later determines that such additions,
refinements or linkages cannot or should not be maintained because they are no
longer useful to DOE or to the public or they are no longer economically or
technologically viable.
III. STUDY ON LONG-TERM STEWARDSHIP ACTIVITIES
DOE will prepare a study on its long-term stewardship activities. By "long-term
stewardship," DOE refers to the physical controls, institutions, information
and other mechanisms needed to ensure protection of people and the environment
at sites where DOE has completed or plans to complete "cleanup" (e.g.,
landfill closures, remedial actions, removal actions,and facility
stabilization). This concept of long-term stewardship includes, inter alia,
land-use controls, monitoring, maintenance, and information management. While
DOE’s study on long-term stewardship will not be a NEPA document or its
functional equivalent, DOE will, nevertheless, follow the procedures set forth
in the regulations of the President's Council on Environmental Quality (CEQ)
for public scoping, 40 C.F.R. § 1501.7(a)(1)-(2), and the procedures set forth
in DOE's NEPA regulations for public review, of environmental impact statements
(EIS's), 10 C.F.R. § 1021.313, except that (a) DOE will not transmit the study,
in draft form, to EPA, and DOE (not EPA) will publish a Notice of Availability
in the Federal Register
, as set forth in 10 C.F.R. § 1021.313(a); and (b) DOE will not include any
Statement of Findings as set forth in 10 C.F.R. § 1021.313(c). In the study,
DOE will discuss, as appropriate, alternative approaches to long-term
stewardship and the environmental consequences associated with those
alternative approaches.
IV. CITIZEN MONITORING AND TECHNICAL ASSESSMENT FUND
Subject to Section VII of this Joint Stipulation, DOE will establish a $6.25
million citizen monitoring and technical assessment fund (Fund), in accordance
with the following provisions:
A.
Purpose
The purpose of the Fund will be to provide monies to eligible organizations (in
accordance with Section IV of this Joint Stipulation) to procure technical and
scientific assistance to perform technical and scientific reviews and analyses
of environmental management activities at DOE sites. Monies from the Fund may
also be used to support the dissemination of the technical and scientific
reviews and analyses undertaken with monies from the Fund. Monies from the Fund
will not be used to conduct litigation, lobbying, or fundraising.
B.
Organizations Eligible to Receive Monies from the Fund
Any non-profit, non-governmental organization or any Federally recognized
tribal government working on issues related to the nuclear weapons complex is
eligible to receive monies from the Fund, upon application and subject to the
criteria set forth in Section IV.E of this Joint Stipulation.
C.
Administration of the Fund
A nationally recognized, non-profit, non-governmental organization
(Administering Organization) will administer the Fund. Within 30 days of the
entry of this Joint Stipulation as an Order of the Court, plaintiffs and DOE
will select RESOLVE, the Aspen Institute, or the Loka Institute, as the
Administering Organization. Before DOE disburses any monies to the
Administering Organization for the Fund, the Administering Organization will
provide to DOE the documentation necessary to establish to DOE’s satisfaction
that the Administering Organization has in place financial systems to
administer the Fund in accordance with the Joint Stipulation and applicable
laws and regulations. The Administering Organization will be responsible for
retaining and providing access to records in accordance with 10 C.F.R. §
600.153. Subject to the criteria set forth in this Joint Stipulation, the
Administering Organization will be the party responsible for selecting the
recipient organizations. See Section IV of this Joint Stipulation.
D.
Funding Schedule
DOE will obligate $1.25 million either within 90 days of the entry of this
Joint Stipulation as an Order of the Court or within 60 days of the
Administering Organization’s provision to DOE of the documentation necessary to
establish to DOE’s satisfaction that the Administering Organization has in
place financial systems to administer the Fund in accordance with the Joint
Stipulation and applicable laws and regulations, whichever is later. See
Section IV.C of this Joint Stipulation. In addition, DOE will request that the
remaining $5 million be included in the President's budget request for Fiscal
Year 2000. See also Section VII of this Joint Stipulation.
E.
Funding Criteria
- The Administering Organization will dispense monies from the Fund
based on proposals, submitted by eligible organizations or tribes, to perform
technical and scientific reviews and analyses of environmental management
activities at DOE sites. In their proposals, the eligible organizations or
tribes will identify the technical and scientific issue(s) that they seek to
have reviewed or analyzed, and the appropriately qualified candidate expert(s)
to conduct the review or analysis.
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Any technical and scientific review and analysis prepared with
any monies from the Fund will be issued in final written form. The organization
or tribe using monies from the Fund to pay for the conduct and preparation of a
technical and scientific review and analysis will provide, without charge,
copies of all final work products, immediately upon their completion, to DOE
and the Administering Organization. The organization or tribe may disseminate
the final work products or otherwise make them publicly available. DOE may also
make copies of the final work products publicly available.
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All monies from the Fund will be expended in accordance with the
provisions of Office of Management and Budget (OMB) Circular A-122 or Circular
A-87.
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Consistent with the cost principles in OMB Circular A-122, the
Administering Organization will be responsible for proper accounting and
auditing of Fund expenditures. In addition, the Administering Organization will
provide an annual report to DOE regarding expenditures and compliance with the
cost principles. The amount of expenditures from the Fund will not exceed $2
million in any given year.
-
Consistent with the cost principles in OMB Circular A-122, the
Administering Organization shall limit the expenditure of monies from the Fund
for administrative costs and expenses to the payment of the allocable portion
of any reasonable salary, any other reasonable personnel costs and expenses,
and any other reasonable costs that are directly associated with administering
the Fund.
- In the event that an organization or a tribe receiving an award
from the Fund does not comply with any term or provision of this Joint
Stipulation, DOE will have available to it the usual remedies associated with
the federal government grant-making process.
V. DISPUTE RESOLUTION
- In the event that there is a dispute over compliance with any
term or provision of this Joint Stipulation, the parties will engage in an
informal dispute resolution process prior to seeking judicial review by this
court, as specified in this section of the Joint Stipulation.
-
In order to initiate dispute resolution, the disputing party will
submit to the other party a written statement setting forth the nature of the
dispute, the element(s) of the Joint Stipulation affected by the dispute, the
disputing party’s position with respect to the dispute, and the information
that the disputing party is relying upon to support its position.
-
The disputing party will engage the other party in informal
dispute resolution. During this informal dispute resolution period, which will
not exceed 30 work days (unless the parties agree to an extension of the
period), the parties will meet as many times as both deem necessary to discuss
and attempt to resolve the dispute.
-
If the parties do not resolve the dispute through informal
dispute resolution within the 30-work-day period or the extension thereof, the
parties will engage in a formal mediation process. During this formal mediation
process, which will not exceed 60 work days (unless the parties agree to an
extension of the period), the parties will submit the dispute for mediation by
a jointly selected and jointly compensated mediator. DOE will pay for 75
percent, and plaintiffs will pay for 25 percent, of the total cost of the
formal mediation process.
- Only in the event that the parties are unable to resolve the
dispute through either informal dispute resolution or formal mediation, either
party may file a motion asking that the Court enforce the provisions of this
Joint Stipulation. If a party substantially complies with an enforcement order,
the other party will not pursue the matter further in litigation.
VI. PLAINTIFFS’ ATTORNEY FEES AND EXPENSES
DOE will pay to plaintiffs reasonable attorney fees and expenses relating to
the litigation of Count I of Natural Resources Defense Council v. Richardson
and Natural Resources Defense Council v. Watkins
, including the contempt proceeding. The amount of reasonable attorney fees and
expenses will be calculated in accordance with the applicable standards for
qualifying fees and expenses under the Equal Access to Justice Act (EAJA), 28
U.S.C. § 2412. Under no circumstances will DOE’s payment of plaintiffs’
attorney fees and expenses exceed $200,000.00. The parties will negotiate the
amount of plaintiffs’ reasonable attorney fees and expenses for a period of 60
days after the entry of this Joint Stipulation as an Order of the Court (or for
a jointly stipulated extension of the period). If the parties cannot agree upon
the amount of plaintiffs’ attorney fees and expenses within that period of
time, the parties will submit the issue to the Court for resolution. Plaintiffs
will initiate the submission by filing with the Court, within 30 days of the
parties’ failure to agree, a petition for fees and expenses pursuant to EAJA.
VII. COMPLIANCE WITH ANTI-DEFICIENCY ACT
No provision of this Joint Stipulation will constitute or will be construed as
a commitment or a requirement that DOE obligate or pay funds in contravention
of the Anti-Deficiency Act, 31 U.S.C. § 1341, any other applicable law or
regulation, or any Congressional guidance document. A "Congressional guidance
document" is a formal committee report issued by jurisdictional committees in
the annual authorization and appropriation process or in the course of acting
on re-programming requests that complement the annual authorization and
appropriation process. In the event that Congress does not provide
appropriations sufficient to fund DOE's obligations under this Joint
Stipulation, plaintiffs may reinstate their legal claims regarding the 1990
Stipulation and Order. In such an event, DOE will have no further obligation to
perform any of the activities set forth in this Joint Stipulation.
VIII. SCOPE AND RETENTION OF JURISDICTION
- This Joint Stipulation will become effective upon the date of its
entry as an Order of the Court. On that date, Count I of Natural Resources
Defense Council v. Richardson, Natural Resources Defense Council v.
Watkins, plaintiffs’ civil and criminal contempt allegations, and all
pending motions are dismissed without prejudice.
-
The Court will retain jurisdiction for the purpose of enabling
the parties, subject to Section V of this Joint Stipulation, to apply for any
orders that may be necessary to construe or enforce compliance with the
provisions of this Joint Stipulation.
-
This Court’s jurisdiction will terminate fully and completely
five years from the starting date of the second stakeholder forum.
- This Court will dismiss Count I of Natural Resources Defense
Council v. Richardson, Civ. No. 97-936 (SS), and Natural Resources
Defense Council v. Watkins, Civ. No. 89-1835 (SS), with prejudice upon
termination of the Court’s jurisdiction.
IX. RELEASE
- Plaintiffs release and covenant not to sue or bring any civil,
criminal, or administrative action against DOE, the United States, or any
department or agency thereof, or any past or present officer, director,
official employee, agent, or contractor of DOE, the United States, or their
successors or assigns, with respect to any claims or allegations based on or
concerning the 1990 Stipulation and Order, including any claims or allegations
(a) that DOE is required to prepare an ER/WM PEIS pursuant to the 1990
Stipulation and Order; (b) that the current Secretary of Energy or the previous
Secretaries of Energy, the current or previous Assistant Secretaries (including
the Acting Assistant Secretaries), and DOE are in civil or criminal contempt in
connection with the ER/WM PEIS; (c) regarding the WM PEIS on the ground that
the WM PEIS does not adequately address issues relating, in any respect, to ER
wastes (i.e., wastes resulting from remedial actions, removal actions,
closures, or decontamination and decommissioning); and (d) that DOE is required
to prepare a PEIS concerning cleanup activities that are conducted pursuant to
the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA or Superfund) or the Resource Conservation and Recovery Act (RCRA) as
part of DOE’s overall Environmental Restoration Program, in the absence of new
DOE programmatic decisions that would significantly affect the operation of
those cleanup activities.
X. MISCELLANEOUS PROVISIONS
- The parties have negotiated and executed this Joint Stipulation
in good faith in order to avoid protracted litigation. This Joint Stipulation
does not and will not constitute an admission or adjudication with respect to
any allegation made by any party, including any liability under EAJA. Moreover,
this Joint Stipulation does not and will not constitute an admission of any
wrongdoing, misconduct or liability by DOE, its officers (past or present) and
their successors or assigns, or any DOE contractors. Under no circumstances
will this Joint Stipulation be admissible as evidence in any other proceeding.
- All written notifications referenced in this Joint Stipulation
will be sent by telefax transmission and regular United States mail to the
following individuals at the following addresses:
-
For Plaintiffs:
Director of the Nuclear Program
Natural Resources Defense Council
1200 New York Avenue, N.W., Suite 400
Washington, D.C. 20005
(202) 289-6868
(202) 289-1060 FAX
Western States Legal Foundation
1440 Broadway, Suite 500
Oakland, CA 94612
(510) 839-5877
(510) 839-5397 FAX
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For Defendants:
Assistant Secretary for Environmental Management (EM-1)
United States Department of Energy
1000 Independence Avenue, S.W.
Washington, D.C. 20585
(202) 586-7710
(202) 586-7757 FAX
General Counsel (GC-1)
United States Department of Energy
1000 Independence Avenue, S.W.,
Washington, D.C. 20585
(202) 586-5966
(202) 586-7583 FAX
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This Joint Stipulation is the entire agreement between the
parties in this case. All prior conversations, meetings, discussions, drafts,
and writings of any kind are specifically superseded by this Joint Stipulation.
- The undersigned hereby certify that they are fully authorized to
enter into and execute this Joint Stipulation on behalf of each representative
party and to legally bind such party, its successor(s) or assign(s), and any
other party acting on its behalf, to this Joint Stipulation.
Respectfully submitted this 12th day of December, 1998,
___________________________________
DAVID E. ADELMAN
D.C. Bar #458346
Natural Resources Defense Council
1200 New York Avenue, N.W., Suite 400
Washington, D.C. 20005
202) 289-2371
(202) 289-1060 FAX |
_______________________________________
ANTHONY P. HOANG, FL Bar #798193
MARTIN J. LALONDE, IL Bar #6218249
United States Department of Justice Environment and Natural Resources Division
General Litigation Section
P.O. Box 663
Washington, D.C. 20044-0663
(202) 305-0241
(202) 305-0274
(202) 305-0274 FAX |
Attorney for Plaintiffs |
|
HOWARD M. CRYSTAL
D.C. Bar #446189
ERIC R. GLITZENSTEIN
D.C. Bar #358287
Meyer & Glitzenstein
1601 Connecticut Ave., N.W., #700
Washington, D.C. 20009-1035
|
ANITA CAPOFERRI
DEAN MONROE
United States Department of Energy
Office of the General Counsel
Washington, D.C. 20585 |
Attorneys for Plaintiff
Natural Resources Defense Council
|
Attorneys for Defendants
|
[PROPOSED] ORDER
SO ORDERED.
Date: ___________ |
[Signed by Judge Stanley Sporkin, December 14, 1998]
_______________________________________
HON. STANLEY SPORKIN
United States District Judge
|
The following counsel should be notified of the entry of this Order:
David E. Adelman
Natural Resources Defense Council
1200 New York Avenue, N.W., Suite 400
Washington, D.C. 20005
Howard M. Crystal
Eric R. Glitzenstein
Meyer & Glitzenstein
1601 Connecticut Ave., N.W., #700
Washington, D.C. 20009-1035
Anthony P. Hoang
Martin J. LaLonde
United States Department of Justice
Environment and Natural Resources Division
General Litigation Section
P.O. Box 663
Washington, D.C. 20044-0663
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The following items
(timeline and Summary of Data Elements (Updates Included)) are NOT part of the
enforceable settlement agreement. They are intended to help summarize the
agreement in a simple, non-legal format. If there are any inconsistencies
between the settlement agreement and the time line and table, the settlement
agreement should be considered the more accurate source.
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GRAPHIC
TIMELINE: NRDC v. Richardson Lawsuit Settlement Agreement
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Exhibit 1 Summary of Data
Elements (Update Frequency included)
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PRESS RELEASE
FOR IMMEDIATE RELEASE
December 14, 1998
NEWS MEDIA CONTACT:
Anne Elliott (202) 586-5806
Energy Department Settles Lawsuit
with Environmental Groups
Settlement Creates New Tools For Public Participation In Cleanup
Process
The U.S. Department of Energy (DOE) and the Natural Resources Defense Council,
Inc. (NRDC) today announced a settlement of a lawsuit that would avoid further
litigation and result in the creation of several new tools to enhance public
understanding of the multi-billion dollar cleanup of the former nuclear weapons
complex. The settlement was submitted Saturday to United States District Court
Judge Stanley Sporkin in Washington for approval. Judge Sporkin signed the
settlement in open court this morning.
"We are proud of this settlement and believe that the settlement represents a
victory for the public and for the environment. Instead of litigating, the
Department of Energy, NRDC and the other environmental groups who were
participants in the lawsuit have agreed to work together to improve the
availability of information about DOE's environmental management program
through the Internet, and to support independent scientific and technical
analysis for stakeholders," said Mary Anne Sullivan, Department of Energy
General Counsel. "The settlement reflects this Administration's commitment to
find creative approaches to settling lawsuits in ways that can serve a broad
public good."
In 1997, NRDC, acting on behalf of itself and 38
non-governmental groups, filed suit against the Department of Energy and
several DOE officials, alleging that the DOE violated a 1990 consent order by
failing to prepare a Programmatic Environmental Impact Statement for the
department's environmental restoration program, and that this constituted
contempt of court. Under the terms of today's agreement, the organizations
would drop their claims concerning the 1990 consent order, as well as the
contempt allegations.
The settlement has three major features:
-
DOE will establish a central information database, available to the public
through the Internet, containing information on radioactive and non-radioactive
waste and contaminated facilities at DOE sites. The information to be included
in the database will come from the department's Offices of Environmental
Management, Defense Programs, Science, and Nuclear Energy. Through a series of
public forums DOE will work with NRDC and others to enhance the usefulness of
the database and to explore the establishment of Internet links to other DOE
databases.
-
DOE will establish a $6.25 million fund to assist citizens' groups and tribes
in conducting technical and scientific reviews of environmental management
activities at DOE sites. The resulting technical reports will be made available
to any interested member of the public.
-
DOE will prepare and invite public comment on a study on long-term stewardship,
that is, the surveillance and maintenance activities that will occur at DOE
sites following cleanup.
"Our hope is that the database will be an effective tool for the department and
the public as we work together to clean up environmental contamination at our
sites. I am particularly pleased that four of DOE's major programs will be
working together to make this database a success, and I look forward to working
with NRDC and others to improve the database's usefulness,"added Jim Owendoff,
Acting Assistant Secretary for Environmental Management.
- DOE -
PR-98-188
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_________________
1Count I is the only remaining count in this case.
Count II was dismissed without prejudice on August 18, 1998.
|