UPF Lawsuit

FOR IMMEDIATE RELEASE, February 11, 2026

Contact: Jay Coghlan, 505.989.7342, c. 505.470.3154 | Email
Scott Kovac, 505.316.4148 | Email

Santa Fe, NM – In its own words, “The New Mexico Environment Department [NMED] issued several actions today to hold the U.S. Department of Energy accountable for failing to prioritize the cleanup of Los Alamos National Laboratory’s “legacy waste” for disposal at the Waste Isolation Pilot Plant.”

Amongst these actions is an Administrative Compliance Order designed to hasten cleanup of an old radioactive and toxic waste dump that should be the model for Lab cleanup. Nuclear Watch New Mexico strongly supports NMED’s aggressive efforts to compel comprehensive cleanup given Department of Energy obstruction.

This Compliance Order comes at a historically significant time. On February 5 the New Strategic Arms Reduction Treaty expired, leaving the world without any arms control for the first time since the middle 1970s. The following day the Trump Administration accused China of conducting a small nuclear weapons test in 2020, possibly opening the door for matching tests by the United States.

NMED’s Compliance Order comes as LANL’s nuclear weapons production programs are radically expanding for the new nuclear arms race. The directors of the nuclear weapons laboratories, including LANL’s Thom Mason, are openly talking about seizing the opportunity provided by the Trump Administration’s deregulation of nuclear safety regulations to accelerate nuclear warhead production.

As background, in September 2023 NMED released a groundbreaking draft Order mandating the excavation and cleanup of an estimated 198,000 cubic meters of radioactive and toxic wastes at Material Disposal Area C, an old unlined dump that last received wastes in 1974. However, in a legalistic maneuver to evade real cleanup, DOE unilaterally declared that Area C:

“…is associated with active Facility operations and will be Deferred from further corrective action under [NMED’s] Consent Order until it is no longer associated with active Facility operations.”

The rationale of DOE’s semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA), is that Area C is within a few hundred yards of the Lab’s main facility for plutonium “pit” bomb core production. LANL is prioritizing that production above everything else while cutting cleanup and nonproliferation programs and completely eliminating renewable energy research. DOE’s and NNSA’s unilateral deferment of Area C until it “is no longer associated with active Facility operations” in effect means that it will never be cleaned up. No future plutonium pit production is to maintain the safety and reliability of the U.S.’ existing nuclear weapons stockpile. Instead, it is all for new design nuclear weapons for the new arms race that the NNSA intends to produce until at least 2050. Further, new-design nuclear weapons could prompt the United States to resume full-scale testing, which would have disastrous international proliferation consequences.

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