Los Alamos Cleanup Lawsuit

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.

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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.

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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.”

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See also: Notice of Intent Letter 

Resources

Nuclear Watch New Mexico and New Mexico Environmental Law Center Lawsuit Resources

Amended Complaint

Second Amended Complaint as filed Sept 21 

Lawsuit Complaint 

Notice of Intent 


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 

LANS Reply 

NukeWatch Response to NMED Motion to Dismiss 

NMED Reply 

NukeWatch Response to DOE’s Motion to Dismiss 

DOE Reply 

Nuclear Watch New Mexico’s Response To Los Alamos National Security, LLC (“LANS”) Notice of Supplemental Authority

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