Updates
Nuclear Watch NM Amends LANL Cleanup Lawsuit – Claims New Consent Order To Be Invalid
Santa Fe, NM
Nuclear Watch New Mexico has amended its federal lawsuit against the Department of Energy (DOE) and Los Alamos National Security, LLC (LANS) that alleges twelve violations of a 2005 Consent Order governing cleanup at the Los Alamos National Laboratory (LANL). Those violations could result in potential penalties of more than $300 million dollars that would go to the state, if only the New Mexico Environment Department (NMED) were to enforce them. Nuclear Watch now asks the court to declare the new 2016 Consent Order to be invalid because the requirement for the opportunity of a public hearing was not met.
NM Environment Dept. Finalizes Consent Order on Los Alamos Lab Cleanup; Surrenders Enforcement to Nuclear Weaponeers
Santa Fe, NM
The new Consent Order is a giveaway to the Department of Energy and the Lab, surrendering the strong enforceability of the old Consent Order. The new Order is also clearly the opposite of the old Consent Order, whose underlying intent was to make DOE and LANL get more money from Congress for accelerated cleanup. In contrast, the new Consent Order allows them to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up…
Nuclear Watch NM Files Lawsuit Over Lack of Cleanup at the Los Alamos Lab
Santa Fe, NM.
Nuclear Watch New Mexico has filed a lawsuit in federal court against the Department of Energy and Los Alamos National Security LLC (LANS), the for-profit operator of the Los Alamos National Laboratory, over their failure to meet cleanup milestones under a 2005 “Consent Order” they agreed to with the New Mexico Environment Department. The New Mexico Environmental Law Center is representing NukeWatch in this legal action to enforce cleanup at LANL.
NukeWatch Denounces New Consent Order on Los Alamos Lab Cleanup
Santa Fe, NM.
Today, the New Mexico Environment Department (NMED) issued a new draft Consent Order that in theory will govern cleanup at the Los Alamos National Laboratory (LANL). Instead, the new Consent Order is a giveaway to the Department of Energy and the Lab who are intent on creating yet more radioactive waste from expanded nuclear weapons production.
NukeWatch Gives Notice of Intent to Sue Over Lack of Cleanup at Los Alamos
Santa Fe, NM.
Today, Nuclear Watch New Mexico notified the Department of Energy (DOE) and the Los Alamos National Laboratory (LANL) that it will file a lawsuit over their failure to meet cleanup milestones under a “Consent Order” governed by the New Mexico Environment Department. Formal notice is required before a lawsuit can actually be filed, which NukeWatch intends to do within 60 days or less. The New Mexico Environmental Law Center is representing NukeWatch in this legal action to enforce cleanup at LANL.
Jay Coghlan, NukeWatch Executive Director, commented,
“The nuclear weaponeers plan to spend a trillion dollars over the next 30 years completely rebuilding U.S. nuclear forces. Meanwhile, cleanup at the Los Alamos Lab, the birthplace of nuclear weapons, continues to be delayed, delayed, delayed. We are putting the weaponeers on notice that they have to cleanup their radioactive and toxic mess first before making another one for a nuclear weapons stockpile that is already bloated far beyond what we need. Real cleanup would be a win-win for New Mexicans, permanently protecting our water and environment while creating hundreds of high paying jobs.”
See also: Notice of Intent Letter
Deadline for Last Cleanup Milestone of LANL Consent Order Passes; NukeWatch Calls for Public Seats at the Table in Negotiations
Santa Fe, NM.
Yesterday, December 6, was the deadline for the last compliance milestone in the Consent Order between the New Mexico Environment Department (NMED) and the Department of Energy (DOE) that governs cleanup at the Los Alamos National Laboratory (LANL). Ironically, that last milestone required the submittal of a report by the Lab on how it successfully completed cleanup of Area G, its largest waste dump. But real comprehensive cleanup is decades away at current funding levels…”
Los Alamos: A Whistleblower’s Diary
Los Alamos: A Whistleblower’s Diary, by Chuck Montaño, released April 28, 2015. Order your copy from Amazon, or better yet, from the author directly.
“A shocking account of foul play, theft and abuse at our nation’s premier nuclear R&D installation, uncovering a retaliatory culture where those who dare to question pay with their careers and, potentially, their lives.
Tommy was unrecognizable. His face was swollen, bruised, and stained with blood, his eyes barely visible through ballooning eyelids and a broken jaw. On his cheek was a ghostly imprint- the tread mark of someone’s shoe. Suddenly, with a slight movement of his hand, Tommy waved me in closer to hear him. Speaking softly through lips that barely moved, he said, ‘Be careful . . . They kept telling me to keep my fucking mouth shut; they kept telling me to keep my fucking mouth shut,’ he repeated.”
read more excerpts at the book’s website
Radio interview with Chuck Montaño on the book: KSFR Santa Fe.
Chuck Montaño was given the Alliance for Nuclear Accountability’s Whistleblower Award in Washington DC on April 19, 2016.
Missed WIPP Deadline May Put Real Cleanup at LANL Back On Track
Santa Fe, NM
Today the New Mexico Environment Department (NMED) denied extension requests by Los Alamos National Laboratory (LANL) to delay cleanup milestones under a legally enforceable 2005 Consent Order. These denials by NMED counter a trend since January 2012 when NMED and LANL entered into a nonbinding “Framework Agreement” to ship 3706 cubic meters of above-ground transuranic waste from the Lab to the Waste Isolation Pilot Plant (WIPP) for permanent disposal. LANL radioactive wastes are now the main suspect in the February 14 contamination and subsequent shutdown of the multi-billion dollar WIPP.
NMED denied 14 extensions, now available in LANL’s Electronic Public Reading Room. These denials include construction of monitoring wells and investigation reports for cleanup of contaminated areas. All of them included language that LANL requested an extension based on the Lab’s need to divert resources to remove transuranic waste in accordance with the Framework Agreement. The denials repeatedly state, “Based on the Permittees’ [LANL’s] statement that they will not be able to meet the deadlines that they committed to in the Framework Agreement [to ship TRU wastes to WIPP], the request is hereby denied.”
Summary: The State of New Mexico should again demonstrate the political will it successfully displayed in 2005 when it compelled the federal Department of Energy to agree to an enforceable Consent Order governing cleanup at the Los Alamos National Laboratory. At the Lab’s request the Martinez Administration eviscerated that Consent Order with more than 150 milestone extensions. Further, in a process riddled with conflicts of interest, it negotiated a revised 2016 Consent Order that subordinated cleanup to the budget that DOE wants. The need to protect New Mexico’s environment and precious water resources should drive the Lab’s cleanup budget, not DOE’s planned budget of expanded nuclear weapons research and production. The incoming Biden Administration could offer new opportunity to renegotiate a Consent Order that is in the Land of Enchantment’s best interests. The present New Mexico State Administration should pursue that opportunity.
Why renegotiate the 2016 Consent Order?
• In June 2016 the New Mexico Environment Department (NMED), the Department of Energy (DOE) and Los Alamos National Security, LLC (then the Lab’s contractor) signed a revised Consent Order governing cleanup at the Los Alamos National Laboratory (LANL). The new Consent Order was an unfortunate step backwards in compelling comprehensive, genuine cleanup at the Lab.
• The State of New Mexico should have kept the original, enforceable 2005 Consent Order that it fought so hard for under the Richardson Administration (including successfully defending itself against DOE lawsuits), modified as needed for cleanup schedules and a final compliance date.
• Under Gov. Martinez, the revised 2016 Consent Order was a giveaway by NMED to DOE and the Lab, surrendering the strong enforceability of the old Consent Order. As documented below, it is clearly the reverse of the 2005 Consent Order, whose underlying goal was to make DOE and LANL get more money from Congress for accelerated cleanup.
• The inevitable outcome is slow cleanup with no plans for comprehensive cleanup. DOE proposed a 46% cut to LANL cleanup funding in FY 2021. In contrast, funding for LANL’s nuclear weapons research and production programs that caused the need for cleanup to begin with has doubled over the last decade. The planned expansion of those programs will result in more contamination and radioactive and hazardous wastes.
• The incoming Biden Administration could possibly offer better opportunity for renegotiating a Consent Order with DOE that is in New Mexico’s best interests.
Worcester Polytechnic Institute Project 2020
PLUTONIUM-239 AND CHROMIUM-6 CONTAMINATION AT LOS ALAMOS NATIONAL LABORATORY
Analyzing contaminant migration and assessing remediation
The goal of this project is to raise questions regarding the problem of groundwater contamination migration at Los Alamos National Laboratory to guide discussion of remediation approaches on the property.
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