Associated Press

COLUMBIA, S.C. — A federal judge shouldn't prevent South Carolina from blocking weapons-grade plutonium shipments from Colorado to the Savannah River Site until after a June 13 hearing, lawyers for Gov. Jim Hodges say.

The governor's lawyers don't think plutonium from Rocky Flats northwest of Denver should be shipped to South Carolina until they can argue for a stronger order blocking the shipments in U.S. District Court in two weeks.

"Until the court makes a specific ruling on the motion for preliminary injunction, it would be inappropriate for it to rule," on the Department of Energy's countersuit, Hodges' lawyers said in a filing Friday.

Hodges is trying to halt plans to ship tons of surplus plutonium to SRS for conversion to fuel for commercial nuclear reactors. Hodges wants written assurances and penalties that the materials will leave South Carolina. He sued DOE on May 1 to block the shipments.

The Energy Department says delays will be costly and threaten a U.S.-Russian disarmament agreement.

The federal government should be working to ensure safety and health before the shipments begin, the governor said.

"Instead, the federal government is worrying about future steps I may take to protect our state's health and safety," Hodges said.

"We're sure the court will carefully consider the arguments and make an informed decision on the merits," DOE spokesman Joe Davis said. "It's important to keep in mind that reducing the amount of weapons grade plutonium is in the national security interests of the United States."

June 1, 2002

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