Category: NEPA

Formal Comments on the Draft Site-Wide Environmental Impact Statement for Continued Operation of the Los Alamos National Laboratory

Sophia MerynDOE, Environmental Impact, Environmental Justice, LANL Cleanup, Los Alamos Nat'l Lab., Modernization, NEPA, New Mexico, NMED, NNSA, Nuclear Waste, Nuclear Weapons, Plutonium Pit Production, Tritium

Full NukeWatch LANL SWEIS Comments Out Now!
The LANL SWEIS public comment period has ended, but you can still take action: Use our recent extensive comments as a resource & citizens’ guide to Lab issues.

The National Environmental Policy Act requires the Los Alamos National Laboratory to periodically prepare a new “Site-Wide Environmental Impact Statement (SWEIS) for Continued Operations.”

Please use NukeWatch NM’s recent extensive comments on the Lab’s new draft SWEIS as a resource and citizens’ guide to Lab issues.

Did you know, for example, that:

• LANL’s nuclear weapons production budget has doubled over the last decade?

• The Lab’s so-called cleanup plan is to “cap and cover” some 200,000 cubic yards of radioactive and toxic waste, leaving them permanently buried as a perpetual threat to groundwater?

• There is a planned intentional release of up to 30,000 curies of radioactive tritium gas, all without a public hearing?

View at: nukewatch.org/formal-comments-on-the-draft-site-wide-environmental-impact-statement-for-continued-operation-of-the-los-alamos-national-laboratory/

 Use our lengthy formal comments as a starting point, toolkit or resource for dissecting ongoing and future issues at LANL!

We encourage you to use our comments to ask for follow-up info, either from us here at NukeWatch or from the Lab, and to demand better accountability and transparency! Use as background or briefing material for local and congressional advocacy.

For example:

  • Cite or excerpt our comments in future public processes under the National Environmental Policy Act. For example, we are expecting that a nationwide programmatic environmental impact statement for plutonium “pit” bomb core production will be announced soon, the result of a lawsuit in which NukeWatch led.
  • Share with those organizing around stopping expanded plutonium pit production and advocating for genuine radioactive and toxic wastes cleanup.
  • Learn about LANL’s proposed electrical transmission line across the environmentally and culturally sensitive Caja del Rio and alternatives that were not considered.
  • The National Environmental Policy Act itself is under assault by the Trump Administration. We expect environmental justice and climate change issues to be stripped from LANL’s final Site-Wide Environmental Impact Statement. This needs to be resisted!

NukeWatch NM argued that the draft SWEIS should be withdrawn and a new one issued because:

 • The NNSA has rigged the draft LANL Site-Wide EIS with three self-serving scenarios:

  – Expanded nuclear weapons programs (contradictorily called the “No Action Alternative”).

  – Yet more expanded nuclear weapons programs (“Modernized Operations Alternative”).

– Yet far more expanded nuclear weapons programs (“Expanded Operations Alternative”).

• A Reduced Operations Alternative must be included.

• The SWEIS’ fundamental justification for expanded nuclear weapons programs is “deterrence.” But “deterrence” has always included nuclear warfighting capabilities that could end human civilization overnight.

• The SWEIS purports to align with U.S. obligations under the 1970 NonProliferation Treaty. That is demonstrably false.

• Future plutonium pit production is NOT to maintain the safety and reliability of the existing nuclear weapons stockpile. Instead, it is for new-design nuclear weapons that could lower confidence in stockpile reliability and/or prompt a return to testing.

• The SWEIS’ No-Action Alternative violates the National Environmental Policy Act (NEPA).

• The legally required programmatic environmental impact statement on pit production should be completed first, followed by the LANL SWEIS.

• Plutonium pit reuse should be analyzed as a credible alternative to pit production.

• A recent proposal for a data center at LANL is not in the SWEIS. It raises huge issues of future water and electrical use, the appropriateness of commercial interests at a federal lab, and the possible fusion of artificial intelligence and nuclear weapons command and control.

• Recent Executive Orders could strip the final SWEIS of environmental justice and climate change analyses. This must have clarification.

• Planned tritium releases should be fully analyzed.

• The Electrical Power Capacity Upgrade should be analyzed will all credible alternatives.

• The proposed BioSafety Level-3 facility must have its own standalone EIS.

• All Defense Nuclear Facilities Safety Board concerns should be addressed and resolved.

• Genuine comprehensive cleanup should be a preferred alternative.

• A new SWEIS should follow a new overdue Probabilistic Seismic Hazard Analysis.

NukeWatch Los Alamos Lab Site-Wide EIS Workshop – February 6, 2025

Sophia MerynArchbishop, Downwinders, Environmental Impact, Environmental Justice, High-level Radioactive Waste, LANL Chromium Plume, LANL Cleanup, Los Alamos Nat'l Lab., Modernization, NEPA, New Mexico, NMED, NNSA, Nuclear Policy, Nuclear Safety, Nuclear Waste, Nuclear Weapons, Plutonium Pit Production, Savannah River Site, Tritium, WIPP

Full Video Recording: NukeWatch Los Alamos Lab Site-Wide EIS Workshop

NukeWatch Presentation: Los Alamos Lab Site-Wide EIS Workshop
NukeWatch Los Alamos Lab Site-Wide EIS Workshop

Historic Settlement Reached in NEPA Lawsuit Over Plutonium “Pit” Bomb Core Production

Sophia MerynLos Alamos Nat'l Lab., NEPA, NNSA, Nuclear Weapons, Pit Production, Pit Production at LANL, Pit Production at SRS, Plutonium Pit Production

Nonprofit public interest groups have reached an historic settlement agreement with the Department of Energy’s semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA). This is the successful result of a lawsuit against NNSA over its failure to complete a programmatic environmental impact statement on the expanded production of plutonium “pit” bomb cores, as required by the National Environmental Policy Act (NEPA). This agreement and a joint motion to dismiss have been submitted to Judge Mary Lewis Geiger of the Federal District of South Carolina. Should the Court enter the dismissal and retain jurisdiction to enforce the settlement, the agreement will go into effect.

This lawsuit was first filed in June 2021 by co-plaintiffs Savannah River Site Watch of Columbia, SC; Nuclear Watch New Mexico of Santa Fe, NM; Tri-Valley Communities Against a Radioactive Environment (CAREs), based in Livermore, CA; and the Gullah/Geechee Sea Island Coalition of coastal Georgia. NNSA promptly moved to have the case dismissed which in February 2023 Judge Lewis rejected, calling her decision “not a close call.”

In September 2024, Judge Lewis ruled that DOE and NNSA had violated NEPA by failing to properly consider alternatives before proceeding with their plan to produce plutonium pits, a critical component of nuclear weapons, at the Los Alamos National Laboratory (LANL) in New Mexico and, for the first time ever, at the Savannah River Site (SRS) in South Carolina. The Court found that the plan’s purpose had fundamentally changed from NNSA’s earlier analyses which had not considered simultaneous pit production at two sites. Judge Lewis directed the Defendants and Plaintiffs to prepare a joint proposal for an appropriate remedy which fostered additional negotiations.

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New Draft LANL Site-Wide Environmental Impact Statement is Released

Sophia MerynLos Alamos Nat'l Lab., NEPA, Nuclear Policy, Nuclear Waste, Pit Production, Pit Production at LANL, Plutonium Pit Production

NNSA’s Preferred Future for the Lab is Radically Expanded Nuclear Weapons Programs

The National Nuclear Security Administration (NNSA) has finally released its Draft Site-Wide Environmental Impact Statement (SWEIS) for Continued Operation of the Los Alamos National Laboratory. This is more than two years after it was first announced and sixteen years after the last site-wide EIS. During that time the Lab has become more and more a nuclear weapons production site for the new global nuclear arms race. Accordingly, the central point of the new draft LANL SWEIS is “NNSA has identified the Expanded Operations Alternative as the preferred alternative for the continuing operations of LANL.” Draft LANL SWEIS, page S-13.

As policy background, the draft LANL SWEIS pays lip service to the 1970 NonProliferation Treaty (NPT):

“In Article VI of the NPT, treaty parties “undertake to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament…” The U.S. takes this commitment seriously and has emphasized dedication to both the long-term goal of eliminating nuclear weapons and the requirement that the U.S. has modern, flexible, and resilient nuclear capabilities that are safe and secure, until such a time as nuclear weapons can prudently be eliminated from the world.” P. 1-7.

Left unsaid is that no nuclear power, including the United States, has ever even tried to enter into good faith negotiations toward nuclear weapons disarmament, pledged to more than a half-century ago. Instead, all nuclear weapons states are now engaged in massive “modernization” programs to keep nuclear weapons forever, leading to today’s accelerating nuclear weapons arms race. Also, very much left unsaid is the Treaty on the Prohibition of Nuclear Weapons, ratified by 73 countries, nearing its fourth anniversary since it went into effect.

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How to Build A Nuke

Court Rules U.S. Nuclear Weapons Production Plan Violates Federal Law

Sophia MerynDOE, Environmental Impact, Los Alamos Nat'l Lab., NEPA, New Mexico, Nuclear Weapons, Pit Production, Pit Production at LANL, Pit Production at SRS, Plutonium Pit Production

On September 30, United States District Court Judge Mary Geiger Lewis ruled that the United States Department of Energy (“DOE”) and its semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (“NNSA”), violated the National Environmental Policy Act (“NEPA”) by failing to properly consider alternatives before proceeding with their plan to produce plutonium pits, a critical component of nuclear weapons, at the Los Alamos National Laboratory (“LANL”) in New Mexico and, for the first time ever, at the Savannah River Site (“SRS”) in South Carolina.

The Court found that the plan’s purpose had fundamentally changed from NNSA’s earlier analyses which had not considered simultaneous pit production at two sites.  These changes necessitated a reevaluation of alternatives, including site alternatives, which Defendants failed to undertake prior to moving forward while spending tens of billions of taxpayers’ dollars. Therefore, the Court entered judgment in favor of Plaintiffs, the nonprofit public interest groups Savannah River Site Watch, Nuclear Water New Mexico and Tri-Valley Communities Against a Radioactive Environment (CAREs); the Gullah/Geechee Sea Island Coalition; and Tom Clements as an individual plaintiff.

As a result of this ruling, the Defendants are required to newly assess pit production at a nation-wide programmatic level which will mean undertaking a thorough analysis of the impacts of pit production at DOE sites throughout the United States, including radioactive waste generation and disposal. Under the National Environmental Policy Act (NEPA), this will provide the opportunity for public scrutiny of and formal comment on their assessments.

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LANL Plans to Address Possibly Exploding Drums Shipped to Texas in 2014

Scott KovacDOE, Environmental Impact, Los Alamos Nat'l Lab., NEPA, New Mexico, Nuclear Safety, Nuclear Waste, WIPP
Waste Control Specialists near Andrews TX
Aerial View of Waste Control Specialists (WCS) on the TX/NM state line

Los Alamos National Laboratory (LANL) has given itself a Categorical Exclusion (CX) under National Environmental Policy Act (NEPA) for the removal, relocation, and examination of transuranic (TRU) waste drums at Waste Control Specialists (WCS). These drums are similar to the ones that forced WIPP to close in 2014. LANL officials decided that formal environmental assessments, with public input, of the movement of the possibly exploding waste drums are not needed.

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Los Alamos Lab Cleanup Cut By 46%, Nuclear Weapons “Production Modernization” Jumps 57%

Jay CoghlanLos Alamos Nat'l Lab., Modernization, NEPA, NNSA, Nuclear Weapons, Plutonium, Plutonium Pit Production

FOR IMMEDIATE RELEASE, February 12, 2020

Contact:   Jay Coghlan, Nuclear Watch NM, 505.989.7342, jay[at]nukewatch.org

Santa Fe, NM – The Trump Administration has released more budget information for fiscal year 2021 for the Department of Energy (DOE). * It states that proposed cleanup at the Los Alamos Lab is “Consistent with the priorities established with the New Mexico Environment Department in the 2016 Consent Order…” It then goes on to cut LANL cleanup by $100 million from $220 million in FY 2020 to $120 million requested for FY 2021. (Pages 52 and 55)

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Watchdogs Issue Second Demand for Nation-Wide Environmental Review of Expanded Plutonium Pit Production

Jay CoghlanEnvironmental Impact, Los Alamos Nat'l Lab., Modernization, NEPA, NNSA, Nuclear Forces, Nuclear Weapons, Pit Production, Plutonium Pit Production, Press Releases

Today, lawyers for the Natural Resources Defense Council, Nuclear Watch New Mexico, Savannah River Site Watch and Tri-Valley Communities Against a Radioactive Environment sent a second letter to Department of Energy (DOE) Secretary Rick Perry and Lisa Gordon-Hagerty, the head of the semi-autonomous National Nuclear Security Administration (NNSA). The letter demands a nation-wide programmatic environmental impact statement for the agencies’ proposed expanded production of plutonium pits, the fissile cores or “triggers” of nuclear weapons. Invoking the National Environmental Policy Act (NEPA), the letter concludes:

“…we advise the agencies that timely compliance with NEPA is the best means for the agencies to keep these [expanded plutonium pit production] projects on track, as a failure to rigorously comply with NEPA may necessitate litigation, including if necessary motions for injunctive relief, all of which would likely increase the expense of DOE’s and NNSA’s proposed actions and extend their timelines further. Accordingly, we strongly encourage DOE and NNSA to come into compliance with NEPA by preparing a new or supplemental PEIS for its proposals regarding plutonium pit production, and to do so immediately. If the agencies continue on their current trajectory, we will have no choice but to evaluate all our options to enforce compliance with federal environmental laws.”

As background, on May 10, 2018, the Departments of Defense and Energy jointly announced that plutonium pit production would be expanded from the currently sanctioned level of 20 pits per year at the Los Alamos National Laboratory (LANL) in northern New Mexico to at least 30 pits per year, plus redundant production of at least 50 pits per year at the Savannah River Site (SRS) in South Carolina, which would be a completely new mission there.

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Plutonium Pit Production NEPA Talking Points

Scott KovacLos Alamos Nat'l Lab., NEPA, Nuclear Weapons, Plutonium
LANL Molten Plutonium for Pit
Molten plutonium in a crucible. 

The National Environmental Policy Act (NEPA) is the landmark environmental law which requires executive agencies to give the public the opportunity to formally review and comment on major federal proposals. These talking points outline the history of the Department of Energy’s NEPA compliance on its various proposals concerning the production of plutonium pits (the fissile cores of nuclear weapons). The conclusion is that DOE’s semi-autonomous National Nuclear Security Administration (NNSA) is legally required to prepare a supplemental programmatic environmental impact statement (PEIS) on its current plan to expand plutonium pit production.

There are at least three reasons why NNSA must complete a supplemental programmatic environmental impact statement for expanded plutonium pit production:
1)    Implementing regulations for the National Environmental Policy Act stipulate that “DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns…” 10. C.F.R. § 1021.314
2)    As precedence, since 1996 there have been five programmatic environmental impact statements related to pit production and its expansion. It is legally unlikely that NNSA could implement its current plan to expand plutonium pit production without a new supplemental PEIS.
3)    Now that NNSA is planning to produce more than 50 pits per year (or more than 80 pits under multiple shift operations), it is obliged by the 1998 court order to prepare a new PEIS.
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