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US asking federal judge to toss out Nevada plutonium lawsuit

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Posted at 9:29 PM, Nov 18, 2019
and last updated 2019-11-19 00:36:38-05

RENO (AP) — The federal government is arguing that it has already promised no more weapons-grade plutonium will be sent to Nevada, and the state lacks standing to seek a court order to force the Energy Department to remove it.

Documents filed Friday in U.S. District Court in Reno brand as “conjectural” or “hypothetical” state claims that residents are harmed by radiation from material secretly trucked a year ago from South Carolina to Nevada.

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The plutonium is now stored at a facility at the vast Nevada National Security Site north of Las Vegas

Attorneys for the state didn’t immediately respond Monday to a request for comment.

Energy Department lawyers want the case thrown out of court.

They argue the matter is moot and the federal government is immune from state legal action.