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.
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
Resources
Nuclear Watch New Mexico and New Mexico Environmental Law Center Lawsuit Resources
Second Amended Complaint as filed Sept 21
Motions to Dismiss
All documents electronically filed with the court on August 31, 2016
NUCLEAR WATCH NEW MEXICO, Plaintiff
vs.
UNITED STATES DEPARTMENT OF ENERGY, and LOS ALAMOS NATIONAL SECURITY, LLC, Defendants
and
NEW MEXICO ENVIRONMENT DEPARTMENT, Intervenor
Case 1:16-cv-00433-JCH-SCY
DOE Motion to Dismiss (PDF)
- DOE Attach 1 Motion to Dismiss Memorandum (PDF)
- DOE Attach 2 2005 Consent Order (PDF)
- DOE Attach 3 2016 Consent Order (PDF)
- DOE consent motion for page limit (PDF)
- Order granting additional pages limit (PDF)
LANS Motion to Dismiss (PDF)
- LANS Motion to Dismiss Memorandum (PDF)
- Exhibit A March 2005 Consent Order (PDF)
- Exhibit B NMELC Notice 01-20-2016 (PDF)
- Exhibit C NMELC Additional Notice 05-05-16 (PDF)
- Exhibit D NWNM CO Comments 05-31-2016 (PDF)
- Exhibit E June 2016 Consent Order (PDF)
- Exhibit F Framework Agreement Jan 2012 (PDF)
- LANS request for judicial notice 8-31-16 (PDF)
NMED Motion To Dismiss (PDF)
- Attach 1 2016 Consent Order (PDF)
NukeWatch Response to LANS Motion to Dismiss
NukeWatch Response to NMED Motion to Dismiss
Quotes
Arjun Makhijani, President for the Institute for Energy and Environmental Research
Nuclear weapons production and testing have involved extensive health and environmental damage. A remarkable feature of this has been the readiness of governments to harm the very people they claimed to be protecting in building these weapons. Secrecy, fabrication of data, cover-ups in the face of attempted public inquiry… have all occurred in nuclear weapons production and testing programs
-Arjun Makhijani, President, Institute for Energy and Environmental Research.