Lawsuits

Los Alamos National Lab Cleanup Lawsuit

Los Alamos National Labs Ariel View

Nuke Watch New Mexico filed a lawsuit against Los Alamos National Labs and DOE in January of 2016. This lawsuit is over LANL and DOE's failure to meet cleanup milestones under the 2005 consent order. The complaint 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.

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.”

-Nuke Watch Director Jay Coghlan

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Uranium Processing Facility Lawsuit

OREPA, NukeWatch, and NRDC have filed a lawsuit against the Uranium Processing Facility (UPF). The UPF is dubbed the 'tip of the spear' for the trillion dollar nuclear modernization project. This case concerns grave risks that the National Nuclear Security Administration ("NNSA") is taking but failing to consider regarding the safety and potential environmental impacts of America's nuclear weapons program, in violation of the National Environmental Policy Act.

In particular, this case challenges the NNSA's refusal to prepare a Supplemental Environmental Impact Statement ("SEIS") to consider important new information about the serious vulnerability of a new design for a Uranium Processing Facility ("UPF") at the Y-12 National Security Complex ("Y-12") in Oak Ridge, Tennessee. This new design is significantly different from the one the agency chose to analyze in 2011.

Most importantly, the NNSA decided to save money on the modernization of the aging Y-12 Complex by not building a single new building to house the entire UPF, but instead constructing several new buildings and continuing to use old and increasingly deteriorating buildings for processing nuclear weapon s components.

Also, this case challenges the NNSA 's plans to implement this major change in the UPF design without considering in a NEPA analysis crucial new information about the increased odds of large earthquakes and the risk that such an earthquake may cause these decrepit buildings to collapse or even explode.

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Updates

At stake are real accountability for Laboratory management and, potentially, over $272 million for violations of the Resource Conservation and Recovery Act (RCRA).

“The case here is very clear,” said Jay Coghlan, Director of Nuclear Watch New Mexico (NWNM). “LANL management agreed to the terms of the Consent Order in 2005, then proceeded to ate the terms of that agreement repeatedly. When we finally said enough is enough and announced in 2016 that we would sue the Lab, the Martinez administration and LANL management came up with a new Consent Order that they claimed wiped the slate clean on all the previous violations. It doesn’t.”

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United States To Begin Construction Of New Nuclear Bomb Plant

The National Nuclear Security Administration (NNSA) announced on Friday, March 23, that it was authorizing the start of construction of the Uranium Processing Facility (UPF) and two sub-projects at the Y-12 National Security Complex in Oak Ridge, Tennessee. The UPF is a facility dedicated solely to the manufacture of thermonuclear cores for US nuclear bombs and warheads.

Citizen watchdog groups are responding by filing an expedited Freedom of Information Act request demanding a full fiscal accounting of the UPF bomb plant- something the NNSA has refused to provide for the last five years, including to Congress, despite repeated assurances that the project is “on budget.”
“This project is already a classic boondoggle, and they are just getting started,” said Ralph Hutchison, coordinator of the Oak Ridge Environmental Peace Alliance (OREPA) in Knoxville, Tennessee. “Worse, it undermines US efforts to discourage nuclear proliferation around the world. How can we oppose the nuclear ambitions of other countries when we are building a bomb plant here to manufacture 80 thermonuclear cores for warheads every year?”

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Oak Ridge Environmental and Peace Alliance, Nuclear Watch New Mexico, and The Natural Resources Defense Council File Lawsuit Against New Nuclear Bomb Plant

Washington, DC Today, the Oak Ridge Environmental Peace Alliance (OREPA), Nuclear Watch New Mexico, and the Natural Resources Defense Council filed a federal lawsuit to stop construction of the problem-plagued Uranium Processing Facility (UPF) until legally required environmental review is completed. The UPF, located at the National Nuclear Security Administration’s (NNSA’s) Y-12 production plant near Oak Ridge, TN, is slated to produce new thermonuclear weapons components until the year 2080. The UPF is the tip of the spear for the U.S.’s planned one trillion dollar-plus make over of its nuclear weapons arsenal, delivery systems, and production plants.

“The story of this new bomb plant is a long tale of outrageous waste and mismanagement, false starts and re-dos, a federal agency that refuses to meet its legal obligation to engage the public, and a Senator that is bent on protecting this piece of prime nuclear pork for his home state,” said Ralph Hutchison, coordinator of OREPA. “But the short version is this: when the NNSA made dramatic changes to the UPF, and admitted that it intends to continue to operate dangerous, already contaminated facilities for another twenty or thirty years, they ran afoul of the National Environmental Policy Act. Our complaint demands that the NNSA complete a supplemental environmental impact statement on the latest iteration of its flawed plans.”

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Watchdog Groups Call For New Environmental Impact Study For Nuclear Bomb Plant

Cite Worker And Public Risks, New Seismic Information

“The Oak Ridge Environmental Peace Alliance and Nuclear Watch New Mexico today released a letter to Secretary of Energy Ernest Moniz calling for a new Site-Wide Environmental Impact Statement for the Y-12 Nuclear Weapons Complex in Oak Ridge, Tennessee. Y-12 is a manufacturing plant that produces the thermonuclear cores (secondaries) for US nuclear warheads and bombs.
“The letter rejects the analysis prepared by the National Nuclear Security Administration and the subsequent Amended Record of Decision released in August 2016 in which the NNSA gave itself the green light to proceed with construction of the Uranium Processing Facility, a bomb plant originally intended to replace aging facilities.”

Jay Coghlan, Nuclear Watch New Mexico Director, commented:

“The Uranium Processing Facility is the tip-of-the-spear for the trillion dollar “modernization” of U.S. nuclear forces that will fleece the American taxpayer. It will enrich the usual fat cat defense contractors by keeping nuclear weapons forever while rebuilding them to give them new military capabilities. The public has the legal right to review planned changes to the deeply troubled Uranium Processing facility, which we seek to enforce.”

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See Also: Letter To Senator Moniz 

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.

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Related Materials

NNSA Review of UPF Compounds Legal Violations, Environmental Groups Say

OCTOBER 18, 2018
NNSA Review of UPF Compounds Legal Violations, Environmental Groups Say
BY EXCHANGE MONITOR

A September review by the Department of Energy compounded the agency’s alleged transgressions of federal environmental law stemming from a 2016 design change to a next-generation uranium plant under construction at the Oak Ridge Site in Tennessee, a band of environmental groups said this week in an amended federal lawsuit.

The supplemental analysis DOE’s semiautonomous National Nuclear Security Administration (NNSA) published last month on the Uranium Processing Facility “not only failed to correct the NEPA [National Environmental Protection Act] violations identified in Plaintiffs’ original Complaint, but also revealed additional ways in which the NNSA was continuing to violate NEPA,” the Oak Ridge Environmental Peace Alliance, Nuclear Watch New Mexico, and the Natural Resources Defense Council wrote in an amended complaint filed Monday in the U.S. District Court for Eastern Tennessee.

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Y-12 OREPA protest 2011

Challenging the UPF Bomb Plant – Y-12 Supplement Analysis Comments

On July 5, 2018, OREPA and Nuclear Watch New Mexico—along with many of you!—submitted formal comments on the National Nuclear Security Administration’s plan for the Y-12 Nuclear Weapons Complex in Oak Ridge, TN. The gist of our comments is that NNSA is required to prepare a new Environmental Impact Statement, or at least a thorough Supplemental EIS, and can’t move forward with the UPF bomb plant until they have done so.

The comments, which you can read or download here, now become part of the Administrative Record which the judge hearing our legal challenge will use to decide the case.

We believe the government’s attempt to rectify their past errors is way too little and way too late, and the Supplement Analysis has effectively strengthened our argument. In addition to the comments, we also submitted attachments, including expert declarations on the NNSA’s plans, the seismic risks they are overlooking, and the unsuitability of a piecemeal approach to planning at Y12. You can read or download the attachments here

Joseph Rotblat

“Nuclear disarmament is not just an ardent desire of the people, as expressed in many resolutions of the United Nations. It is a legal commitment by the five official nuclear states, entered into when they signed the Non-Proliferation Treaty.”

-Nobel Laureate Joseph Rotblat

United States To Begin Construction Of New Nuclear Bomb Plant

The National Nuclear Security Administration (NNSA) announced on Friday, March 23, that it was authorizing the start of construction of the Uranium Processing Facility (UPF) and two sub-projects at the Y-12 National Security Complex in Oak Ridge, Tennessee. The UPF is a facility dedicated solely to the manufacture of thermonuclear cores for US nuclear bombs and warheads.

Citizen watchdog groups are responding by filing an expedited Freedom of Information Act request demanding a full fiscal accounting of the UPF bomb plant- something the NNSA has refused to provide for the last five years, including to Congress, despite repeated assurances that the project is “on budget.”
“This project is already a classic boondoggle, and they are just getting started,” said Ralph Hutchison, coordinator of the Oak Ridge Environmental Peace Alliance (OREPA) in Knoxville, Tennessee. “Worse, it undermines US efforts to discourage nuclear proliferation around the world. How can we oppose the nuclear ambitions of other countries when we are building a bomb plant here to manufacture 80 thermonuclear cores for warheads every year?”

Continue reading

Oak Ridge Environmental and Peace Alliance, Nuclear Watch New Mexico, and The Natural Resources Defense Council File Lawsuit Against New Nuclear Bomb Plant

Washington, DC Today, the Oak Ridge Environmental Peace Alliance (OREPA), Nuclear Watch New Mexico, and the Natural Resources Defense Council filed a federal lawsuit to stop construction of the problem-plagued Uranium Processing Facility (UPF) until legally required environmental review is completed. The UPF, located at the National Nuclear Security Administration’s (NNSA’s) Y-12 production plant near Oak Ridge, TN, is slated to produce new thermonuclear weapons components until the year 2080. The UPF is the tip of the spear for the U.S.’s planned one trillion dollar-plus make over of its nuclear weapons arsenal, delivery systems, and production plants.

“The story of this new bomb plant is a long tale of outrageous waste and mismanagement, false starts and re-dos, a federal agency that refuses to meet its legal obligation to engage the public, and a Senator that is bent on protecting this piece of prime nuclear pork for his home state,” said Ralph Hutchison, coordinator of OREPA. “But the short version is this: when the NNSA made dramatic changes to the UPF, and admitted that it intends to continue to operate dangerous, already contaminated facilities for another twenty or thirty years, they ran afoul of the National Environmental Policy Act. Our complaint demands that the NNSA complete a supplemental environmental impact statement on the latest iteration of its flawed plans.”

Read More…

Watchdog Groups Call For New Environmental Impact Study For Nuclear Bomb Plant

Cite Worker And Public Risks, New Seismic Information

“The Oak Ridge Environmental Peace Alliance and Nuclear Watch New Mexico today released a letter to Secretary of Energy Ernest Moniz calling for a new Site-Wide Environmental Impact Statement for the Y-12 Nuclear Weapons Complex in Oak Ridge, Tennessee. Y-12 is a manufacturing plant that produces the thermonuclear cores (secondaries) for US nuclear warheads and bombs.
“The letter rejects the analysis prepared by the National Nuclear Security Administration and the subsequent Amended Record of Decision released in August 2016 in which the NNSA gave itself the green light to proceed with construction of the Uranium Processing Facility, a bomb plant originally intended to replace aging facilities.”

Jay Coghlan, Nuclear Watch New Mexico Director, commented:

“The Uranium Processing Facility is the tip-of-the-spear for the trillion dollar “modernization” of U.S. nuclear forces that will fleece the American taxpayer. It will enrich the usual fat cat defense contractors by keeping nuclear weapons forever while rebuilding them to give them new military capabilities. The public has the legal right to review planned changes to the deeply troubled Uranium Processing facility, which we seek to enforce.”

Read More…

See Also: Letter To Senator Moniz 

Watchdog Groups Praise NNSA Decision to Obey the Law, Prepare Supplement Analysis on Bomb Plant

“The National Nuclear Security Administration’s disclosure that the agency is “in the process” of preparing a Supplement Analysis for the much-changed Uranium Processing Facility (UPF) at the Y-12 nuclear weapons production plant brought praise from the Oak Ridge Environmental Peace Alliance (OREPA) and Nuclear Watch New Mexico. Just two days ago the two grassroots watchdog groups filed an expedited Freedom of Information Act request asking for the Supplement Analysis. At the same time, the two groups noted that NNSA could be legally vulnerable without one.”

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