Through comprehensive research, public education and effective citizen action, Nuclear Watch New Mexico seeks to promote safety and environmental protection at regional nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons.

UPDATED JULY 2024

Plutonium Sampling at Los Alamos National Laboratory

Cost of RECA Chart

QUOTE OF THE WEEK

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LANL’s Central Mission: Los Alamos Lab officials have recently claimed that LANL has moved away from primarily nuclear weapons to “national security”, but what truly remains as the Labs central mission? Here’s the answer from one of its own documents:

LANL’s “Central Mission”- Presented at: RPI Nuclear Data 2011 Symposium for Criticality Safety and Reactor Applications (PDF) 4/27/11

Banner displaying “Nuclear Weapons Are Now Illegal” at the entrance in front of the Los Alamos National Lab to celebrate the Entry Into Force of the Nuclear Weapon Ban Treaty on January 22, 2021

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Follow the Money!

Map of “Nuclear New Mexico”

In 1985, US President Ronald Reagan and Russian President Mikhail Gorbachev declared that “a nuclear war cannot be won and must never be fought.”

President Ronald Reagan and Soviet General Secretary Mikhail Gorbachev shake hands after signing the arms control agreement banning the use of intermediate-range nuclear missles, the Intermediate Nuclear Forces Reduction Treaty.

Waste Lands: America’s Forgotten Nuclear Legacy

The Wall St. Journal has compiled a searchable database of contaminated sites across the US. (view)
Related WSJ report: https://www.wsj.com

New & Updated

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High Detections of Plutonium in Los Alamos’ Acid Canyon

Full Video Recording: NukeWatch and Dr. Michael Ketterer Present Results from Recent Sampling for Plutonium Contamination Around the Los Alamos National Lab

Dr. Michael Ketterer's Presentation of Results Showing High Detections of Plutonium in Los Alamos Neighborhood

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Watchdog Groups Seek Info On Alleged Rat Shootings in Nuclear Weapons Facilities

Rep. Mac Thornberry, Chairman House Armed Services Committee, said that Nuclear engineers no longer consider national laboratories “desirable” places to work, “partly because they had to shoot rats off their lunch in some of the facilities that they were working in.” (see video) Mr. Thornberry’s remarks raise a number of serious safety and security questions that we are keen to have answered… Peace Farm and Nuclear Watch New Mexico have filed a Freedom of Information Act (FOIA) request…

Read More…

NukeWatch response to ABQ Journal article “Putin’s plans to add nukes closely watched in New Mexico”

Putin clearly cannot be trusted, but this article is very one sided. First, it is alarmist to say Putin is “adding” 40 ICBMs. Instead, Russia is replacing old ones and, as the article points out, staying within New START limits. Putin claims that these new ICBMs are more capable of penetrating missile defenses. But this is largely in response to George W. Bush unilaterally tearing up the Anti-Ballistic Missile Treaty, a profoundly negative watershed in U.S. –Russian relations. And above all is continuous expansion of NATO to Russia’s border. The Russian military will be keenly aware that the life extension program for the B61 bomb that Tom Udall so ardently supports will create the world’s first nuclear smart bomb. This is contrary to U.S. claims that it only maintains stockpile safety and reliability and would never give existing nuclear weapons new military capabilities. The revamped bomb’s main mission is forward deployment in Europe against Russia.

The much-quoted ex-Sandia director Paul Robinson was prominent in undermining U.S. ratification of the long-sought-for Comprehensive Test Ban Treaty by damning it with faint praise in 1999 congressional testimony. The CTBT failed, but the labs kept the quid pro quo money for so-called Stockpile Stewardship. There is hardly a nuke that Robinson doesn’t like. In the past, he argued for a “To Whom it May Concern” target list (fill in the blank) for U.S. nuclear weapons.

Finally, the 900 pound gorilla.  This article has no mention of U.S. plans to spend at least a trillion dollars over the next 30 years on “modernization” of nuclear forces. This will rebuild every existing type of nuclear weapon in the planned stockpile, and buy completely new missiles, subs and bombers to deliver them. That makes Putin look like a chump.

You bet that the for-profit, giant defense contractors running the Los Alamos and Sandia Labs (Bechtel and Lockheed Martin) and their politicians are closely watching deteriorating relations with Russia (which the U.S. has done so much to cause). They can hear the cash registers going ca-ching, ca-ching! Meanwhile, as schools and bridges are falling apart and the 70th anniversaries of the Hiroshima and Nagasaki bombings approach, the nuclear weapons labs are internally trumpeting “The Second Nuclear Age.”

Jay Coghlan,

NukeWatch Director

Putin’s plans to add nukes closely watched in New Mexico

By Michael Coleman / Journal Washington Bureau
PUBLISHED: Sunday, June 21, 2015 at 12:02 am

WASHINGTON – Russian President Vladimir Putin’s announcement last week that he plans to add 40 new intercontinental ballistic missiles to his country’s nuclear arsenal could have implications for New Mexico’s nuclear weapons laboratories and the spending debate on Capitol Hill.

Putin’s announcement was a blunt reminder of Russia’s nuclear might amid tensions with the West over Ukraine.

Relations between Russia and the West have plunged to their lowest point since the Cold War with Moscow’s annexation of Ukraine’s Crimean Peninsula and support for a pro-Russia separatist insurgency in eastern Ukraine.

“Over 40 new intercontinental ballistic missiles capable of penetrating any, even the most technologically advanced, missile defense systems, will join the nuclear forces in the current year,” Putin said.

The declaration came at the opening of an arms show at a shooting range in Alabino, just west of Moscow. Sen. Tom Udall, a New Mexico Democrat and member of the Senate Appropriations Committee, said Putin’s nuclear weapons declaration was troubling.

“Putin’s military aggression is disturbing on a number of fronts,” Udall told the Journal. “A nuclear conflict should never occur in today’s world, and the U.S. and Russia should continue to commit to our agreements to reduce these weapons and prevent proliferation to additional countries.”

Russia’s nuclear developments are likely to be closely watched by workers at Sandia and Los Alamos national laboratories.

“These developments do underscore the importance of the work at our national nuclear labs, which keep the nation’s arsenal safe, secure and reliable, and provide critical capabilities to track and prevent proliferation,” Udall said.
UDALL: This military aggression is “disturbing”

UDALL: This military aggression is “disturbing”

Last year, Russia added 38 ICBMs to its arsenal, according to Defense Minister Sergei Shoigu. Modernizing its nuclear forces is a top priority for the Russian military, which needs to gradually decommission its aging Soviet-built ICBMs.

No violation

Nuclear policy experts interviewed by the Journal this week said the addition of the nuclear weapons would not put Russia in violation of the 2010 New START agreement, in which the U.S. and Russia both agreed to nuclear weapons limits.

“Putin’s move is mainly symbolic, because 40 more ICBMs does not significantly affect the strategic balance and keeps Russia within the limits of the New START agreement,” said Gary Samore, who served for four years as President Barack Obama’s White House Coordinator for Arms Control and Weapons of Mass Destruction.

Rodney Wilson, director of nonproliferation programs at Sandia, referred the Journal‘s questions about implications for the New Mexico lab to the National Nuclear Security Administration, which oversees the labs.

An NNSA spokeswoman also declined to comment on the labs’ work related to Russian nuclear arms issues and instead referred the Journal‘s questions to the State Department or the White House.

White House spokesman Josh Earnest dismissed Putin’s pledge to build more nuclear weapons as “saber-rattling” and said it “does nothing to de-escalate conflict.”

“The United States has repeatedly stressed our commitment to the collective defense of our NATO allies,” Earnest told reporters at the White House this week. “That is a commitment that we are willing to back up with action, if necessary. And that stands in pretty stark contrast to the saber-rattling that we’ve seen from Mr. Putin.

“And you could also make a case – and I think with some credibility – that invoking the nuclear arsenal is even an escalation of that saber-rattling,” Earnest added. “That’s unnecessary and not constructive.”

The U.S. and the EU have slapped Russia with economic sanctions, and Washington and its NATO allies have pondered an array of measures in response to Russia’s moves toward Ukraine. The three Baltic members of the alliance – Estonia, Latvia and Lithuania – have asked NATO to permanently deploy ground troops to their nations as a deterrent against an increasingly assertive Russia.

And Polish Defense Minister Tomasz Siemoniak says he and U.S. Defense Secretary Ashton Carter have held talks about placing U.S. heavy army equipment in Poland. The uptick in Russia’s nuclear ambitions would seem to stymie President Barack Obama’s call for a nuclear-free world during a much heralded 2009 speech in Prague in which Obama vowed “America’s commitment to seek the peace and security of a world without nuclear weapons.”

Asked whether there is a possibility of another U.S.-Russian arms race, Earnest suggested that Russia – hit hard by falling energy prices – may not be able to afford Putin’s latest nuclear pledge.

“There are legitimate questions that have been raised about whether or not Russia would be able to succeed in following through on many of the claims and threats that President Putin has had to offer,” Earnest said.

Work at labs

Paul Robinson, a former director of Sandia National Laboratories, said Putin’s announcement last week reinforces the importance of the work done at Sandia and Los Alamos, which are integral to the nation’s nuclear weapons complex.

Both labs are heavily involved in maintaining the nuclear stockpile, and working to prevent the spread of nuclear weapons and materials around the world.
ROBINSON: Concerned about a new weapon

ROBINSON: Concerned about a new weapon

“Nuclear deterrence is just as important as it ever was, and to say we’re going to relax and we don’t have to worry about strategic war any more would be a huge mistake,” Robinson said in a Journal interview, adding that he is concerned about Russia’s reported work on developing a new tactical nuclear weapon that would emit low radiation and could be used in conventional warfare.

“I think it is time for us to worry about it,” said Robinson, who was an ambassador and chief negotiator during U.S.-Soviet nuclear arms talks in Geneva in the 1980s.

“Clearly, if these things are going to arise again to threaten our future, (the labs) would do almost anything they could in being a part to protect it.”

Steven Pifer, director of Arms Control and Non-Proliferation Initiative at the nonpartisan Brookings Institution, said Putin’s announcement might trigger additional sympathy for nuclear weapons spending on Capitol Hill. Nuclear weapons budgets remain steady – including for work on the B61 Life Extension Project carried out at both New Mexico labs – but some in Congress are questioning the need for increases.

“My guess is that it might increase a little bit the push for doing more on the nuclear side, but I don’t think it’s going to have a huge impact,” Pifer said.

“The more worrisome thing is, why does Putin feel the need to keep talking about nuclear weapons? I sincerely hope he does not see these things as weapons of coercion, because that could be potentially very dangerous. I hope there are sensible people around him who are explaining to him just exactly what one should do to manage nuclear weapons in a responsible way.”

The Associated Press contributed to this report.

WIPP Sold With a 10,000 Year Guarantee

WIPP Sold With a 10,000 Year Guarantee

WIPP CRA Meeting June 17 2015, Albuquerque, NM

 

10,000 years ago:

  • Jericho has been inhabited for a thousand years
  • Many megafauna go extinct, including the giant ground sloths, woolly rhinoceros, cave bear, and sabre-toothed cats (Mammoths survive in small groups for another 6500 years)
  • Cattle are domesticated and the plow is invented
  • In what is now northern Iraq, cultivation of barley and wheat begins.
  • Beer is first brewed.

 

10,000 years from now:

  • Sea levels will rise 3 to 4 meters
  • Technological civilization could reach end of its lifespan
  • Humanity has a 95% probability of being extinct
  • Pioneer 10 will pass within 3.8 light years of Barnard’s Star
  • The Waste Isolation Pilot Plant, for nuclear weapons waste, is planned to be protected until this time, with a “Permanent Marker” system designed to warn off visitors through both multiple languages (the six UN languages and Navajo) and through pictograms

 

Department of Energy and Environmental Protection Agency officials are also guaranteeing that the Waste Isolation Pilot Plant (WIPP) in southeast New Mexico will not release larger amounts of radiation for 10,000 yrs from the time that WIPP closes. Before recent events, WIPP was to end operations in the 2030 to 2035 timeframe when the last underground waste panel was full of nuclear weapons generated transuranic waste. Then there will be a 5-10 year period where it will be filled in and closed.

This 10,000-year guarantee is reevaluated and recertified every 5 years during a Compliance Recertification Application (CRA) process. EPA, has a unique authority – included in the WIPP Land Withdrawal Act – regarding radiation. EPA could deny certification and close WIPP down.  EPA last recertified WIPP in November 2010. The recertification decision is not subject to judicial review.

The protection requirement focuses on the annual radiation dose to a person living on the surface just outside the WIPP Land Withdrawal Act (LWA) boundary. In particular, the LWA requires that the “WIPP be constructed in such a manner as to provide a reasonable expectation that, for 10,000 years after disposal, undisturbed performance of the disposal system will not cause the annual committed effective dose equivalent (hereafter called “dose”) to exceed 15 millirems (mrem) (150 microsieverts) to any member of the public in the accessible environment.” (Pg. 55-1)

The difference this go ‘round is that a waste drum, improperly packaged at Los Alamos National Laboratory, released radiation and contaminated 21 workers at WIPP in February 2014.  WIPP has been closed since then. Hundreds of similarly improperly packaged drums are still in the underground at WIPP.

But wait, due to the CRA cycle, input data for this CRA was cut off in December 2012. It is unclear how information from the 2014 accident will impact this CRA. What is WIPP but the sum of all its operations? But DOE claims that current operations will not cause any radiation releases for the 10,000 years after WIPP closes.

 

How can such a claim be made? DOE uses computer modeling to do a Performance Assessment (PA). DOE claims that the information can be boiled down to a simple chart. 

Figure PA- 83. CRA-2014 PA and CRA-2009 PABC Overall Mean CCDFs for Total Normalized Releases

I can’t explain it but I was assured that that the 2014 CRA showed that WIPP was safer for 10,000 years than the 2009 CRA showed. (The solid 2014 curve is farther away the notched “Release Limits” line than the dashed red 2009 curve.) Image that – WIPP allegedly got safer in the last 5 years.

 

I guess the good news is that DOE and EPA are thinking about 10,000 years. The bad news is that we have to. We cannot continue to generate this waste that is only safe into the future because some software deems it so. The existing radioactive waste should be monitored and stored as close to the generating site, as safely as possible, where it was generated.

The radioactive isotope of the transuranic waste in WIPP is mostly plutonium 239. Plutonium 239 has a half-life of 24,000 yrs – more than twice the time addressed in this assessment.

 

Thanks to all who came out to the WIPP/EPA meetings last Wednesday, June 17.  And thanks for your concern in this important issue.

 

Read Olivier Uyttebrouck’s Albuquerque Journal Report on the afternoon session.

There is a video of the evening session comments.

All the Compliance Recertification Application documents are here

 

There is an opportunity to comment.

Please consider commenting that:

EPA must consider including all aspects of the Feb 2014 accident in this CRA.

EPA must forward all public comments to DOE for an official response.

EPA must re-inspect LANL before it can ship to WIPP.

EPA should re-inspect and approve all waste generating sites related to waste characterization before allowing WIPP to reopen.

Do not recertify WIPP until an independent qualified organization (independent of DOE, DOE con) provides an analysis that WIPP operation meets the intents and the promises made to New Mexico, is compliant with all statutory and regulatory requirements.

 

Please contact me if you have any questions.

 

WATCHDOG GROUPS HEAD TO D.C.TO URGE CONGRESS TO CONFRONT “THE GROWING U.S. NUCLEAR THREAT”

Alliance for Nuclear Accountability

A national network of organizations working to address issues of nuclear weapons production and waste cleanup

Nuclear Watch New Mexico

 

May 14, 2015

 

WATCHDOG GROUPS HEAD TO D.C. TO URGE CONGRESS, OBAMA ADMIN.

TO CONFRONT “THE GROWING U.S. NUCLEAR THREAT;”

NEW REPORT SEEKS CUTS IN BOMB PLANTS, WARHEAD MODERNIZATION

DIVERTING SAVINGS TO CLEANUP AND WEAPONS DISMANTLEMENT

            Dozens of community leaders from around the country will travel to Washington, DC next week to oppose U.S. Department of Energy (DOE) nuclear weapons projects, which they say will waste billions in taxpayer funds, damage the environment and undermine the nation’s non-proliferation goals. The group will meet with leading members of Congress, committee staffers, and top administration officials with responsibility for U. S. nuclear policies to press for new funding priorities.

Activists from nearly a dozen states are participating in the 27th annual Alliance for Nuclear Accountability (ANA) “DC Days.” They will deliver copies of ANA’s just-published report, The Growing U.S. Nuclear Threat (http://bit.ly/growing_nuclear_threat). The new 20-page analysis dissects the Obama Administration’s latest plans to spend hundreds of billions more on nuclear weapons programs without, the authors conclude, enhancing U.S. security.

Joining the Alliance will be four members of Nuclear Watch New Mexico: Dr. James Doyle, a nonproliferation expert fired by the Los Alamos Lab after writing a study arguing for nuclear weapons abolition; Chuck Montano, former LANL auditor and author of his just-released book Los Alamos: A Whistleblower’s Diary (http://losalamosdiary.com/index.html); Jay Coghlan, Executive Director; and Scott Kovac, Operations Director. “We will use this opportunity to represent New Mexicans who oppose the open checkbook policy for nuclear weapons by Congress to the National Labs,” Kovac stated.

Both Doyle and Coghlan have recently returned from the NonProliferation Treaty (NPT) Review Conference at the United Nations in New York City where they witnessed U.S. officials claiming that one trillion dollar plans for nuclear weapons modernization “contribute to and do not detract from progress on our NPT nuclear disarmament obligations.” But as Ralph Hutchison of the Oak Ridge Environmental Peace Alliance, the report’s editor, noted, “Massive spending on nuclear weapons ‘modernization’ increases the nuclear danger for the U.S. Lack of accountability at DOE wastes billions and puts the public at even greater risk. ANA members from across the country will urge policy-makers to cut programs that fund dangerous boondoggles. The money saved should be redirected to cleaning up the legacy of nuclear weapons research, testing and production.” Participants in DC Days include activists from groups that monitor such U.S. nuclear weapons facilities as Hanford, Lawrence Livermore, Rocky Flats, Los Alamos, Kansas City Plant, Pantex, Sandia, Oak Ridge, Savannah River and the Waste Isolation Pilot Plant.

The Alliance for Nuclear Accountability is a network of local, regional and national organizations representing the concerns of communities downwind and downstream from U.S. nuclear weapons production and radioactive waste disposal sites. As part of its DC Days, ANA will sponsor an Awards Reception honoring leaders of the movement for responsible nuclear policies on Monday evening, May 18. Honorees include U.S. Senator Harry Reid, U.S. Representative John Garamendi, Los Alamos whistleblower Dr. James Doyle, former FBI investigator of Rocky Flats Jon Lipsky, and nuclear campaigner Michael Keegan: The event will take place in Room B-340 of the Rayburn House Office Building from 5:30pm to 7:30pm.

After learning of his award, Dr. James Doyle replied, “It is an honor to be recognized by citizen organizations across the country who have been opposing nuclear weapons at the grassroots for decades.  The Alliance for Nuclear Accountability is an important part of the fabric of our civil society and helps create an informed citizenry essential to our freedom and security.  My case shows that even in America you must be careful when you question nuclear weapons.  These groups have been trying to change that since before I knew what nuclear war would mean for humanity.  I am proud to be working with them to eliminate nuclear weapons.”

– – 3 0 – –

Four Reasons Why U.S. Claims of NPT Compliance Are False

 Four Reasons Why U.S. Claims of NPT Compliance Are False

 In April 2015 the U.S. State Department issued a so-called Fact Sheet entitled Myths and Facts Regarding the Nuclear Non-Proliferation Treaty and Regime. Its targeted audience was international delegations attending the 2015 NonProliferation Treaty (NPT) Review Conference. Given the increasing dissatisfaction of non-nuclear weapons states, the State Department argued that numerical stockpile reductions since the end of the Cold War is ample evidence that the U.S. is complying with the NPT’s Article VI obligation for nuclear disarmament. It also claimed:

 The United States is committed not to pursue new nuclear warheads, and life extension programs will not provide for new military capabilities… infrastructure modernization, stockpile stewardship, and life extension programs for U.S. warheads will contribute to and do not detract from progress on our NPT nuclear disarmament obligations. [1]

 There are four immediate reasons why these claims by the United States Government are false:

1)   While it’s true that the number of weapons is being reduced (albeit more slowly now), the U.S.’ nuclear stockpile is being indefinitely preserved and qualitatively improved through new military capabilities. Clearly this is not the nuclear disarmament required by NPT Article VI.

2)   The United States Government is preparing to spend more than one trillion dollars over the next thirty years for nuclear weapons modernization and new ballistic and cruise missiles, submarines and bombers.[2] [3] This too is obviously not nuclear disarmament.

3)   The new Kansas City Plant has begun operations to produce or procure up to 100,000 nonnuclear components every year for nuclear weapons life extension programs.[4] Multi-billion dollar upgrades and new facilities are planned for expanded production of plutonium pit cores at the Los Alamos Lab and for thermonuclear components (“secondaries”) at the Y-12 Plant near Oak Ridge, Tennessee.[5] These upgrades and new facilities are being designed to produce up to 80 plutonium pits and secondaries per year. Once completed, these three new complexes comprehensively rebuild the production side of the U.S. nuclear weapons complex. Moreover, they are expected to be operational until ~2075.  That is not nuclear disarmament.

4)   The United States Government has a high-level annual plan to indefinitely preserve its nuclear weapons stockpile [6] and a new high-level plan to prevent other countries from acquiring or proliferating nuclear weapons.[7] But the United States Government has no high-level policy plan to implement its NPT Article VI nuclear disarmament obligation.

Concerning indefinite preservation of the nuclear stockpile, the U.S. National Nuclear Security Administration has scheduled programs out to 2040 and beyond that extend the service lives of nuclear weapons by at least 30 years. Moreover, the current B61-12 life extension program will be followed by another program in 2038 to produce the B61-13 nuclear bomb, indicating a perpetual cycle of life extension programs.[8] It also suggests that some form of the B61 nuclear bomb is planned to be forward deployed in Europe until around the year 2070.

Concerning new military capabilities, the B61-12 blurs the line between strategic and tactical nuclear weapons. The B61 life extension program is creating the world’s first nuclear smart bomb through the installation of a new guided tail fin kit that will dramatically increase its accuracy. It is also slated for delivery by the new super stealthy F-35. Yet the United States continues to assert that it would never give existing nuclear weapons new military capabilities.[9]

This is part of a long pattern. Then-U.S. Secretary of State Hillary Clinton told the international delegations at the 2010 NPT Review Conference that “[o]ur Nuclear Posture Review ruled out the development of new U.S. nuclear weapons and new missions and capabilities for our existing weapons.” [10] But at the same time the U.S. was ramping up a life extension program for the 100 kiloton W76 warhead that gave it the capability of assuming the hard target kill mission of the 475 kiloton W88 warhead.[11]  Going further back, in the late 1990’s the 9 megaton surface-burst B53 bomb was replaced by the 400 kiloton B61-11 earth-penetrating modification to destroy hardened deeply buried targets. The point is that the general direction of post-Cold War planning for nuclear warfighting has been toward more accurate weapons with lower yields and reduced fallout, all of which make them arguably more usable.

Nevertheless, the United States maintains that these are not new military capabilities. It apparently avoids talking about the characteristics of individual nuclear weapons types and adopts the position that there are no new military capabilities because of the incalculable amount of extremely destructive military capabilities already in the stockpile as a whole. Thus, by this logic, if a lower yield, more precise nuclear weapon assumes the mission of a higher yield weapon, then that is not a new military capability. If so, then the United States Government’s assertion that it will never give existing nuclear weapons new military capabilities is essentially meaningless, giving it carte blanche to do whatever it wants with its existing stockpile.

The international community should demand that the United States Government fully explain and justify its claim that it would never give existing nuclear weapons new military capabilities, when the evidence points to the contrary. Perhaps that would be a step toward getting serious about global, verifiable nuclear disarmament.


[1]     https://web.archive.org/web/20171105070826/https://www.state.gov/t/isn/rls/fs/2015/240650.htm

[2]     Projected Costs of U.S. Nuclear Forces, 2015 to 2024, Congressional Budget Office, January 22, 2015,

CBO estimates the Administration’s plans for nuclear forces would cost $348 billion over the next decade… For each leg of the triad, most of the cost to procure new systems would occur after 2023.” https://www.cbo.gov/publication/4987

[3]     The Trillion Dollar Triad, James Martin Center, Jan. 7, 2014, http://cns.miis.edu/trillion_dollar_nuclear_triad/

[4]     http://www.nnsa.energy.gov/aboutus/ourlocations/kansas-city-plant

[5]     See the National Nuclear Security Administration’s FY 2016 Stockpile Stewardship and Management Plan, March 2015, Section 2.4.6.3 “Uranium Sustainment” and Section 4.3.3.1 “Strategy for Key Commodities,” https://web.archive.org/web/20171229181847/https://nnsa.energy.gov/sites/default/files/FY16SSMP_FINAL%203_16_2015_reducedsize.pdf

[6]     FY 2016 Stockpile Stewardship and Management Plan, National Nuclear Security Administration, March 2015, https://web.archive.org/web/20171229181847/https://nnsa.energy.gov/sites/default/files/FY16SSMP_FINAL%203_16_2015_reducedsize.pdf

[7]     Prevent, Counter, and Respond – A Strategic Plan to Reduce Global Nuclear Threats, National Nuclear Security Administration, March 2015, https://www.scribd.com/doc/259397464/Prevent-Counter-and-Respond-A-Strategic-Plan-to-Reduce-Global-Nuclear-Threats-FY-2016-2020

[8]        FY 2016 Stockpile Stewardship and Management Plan, National Nuclear Security Administration, March 2015, chapter 2, page 19 and chapter 8, page 18, https://web.archive.org/web/20171229181847/https://nnsa.energy.gov/sites/default/files/FY16SSMP_FINAL%203_16_2015_reducedsize.pdf

[9]       For more, see General Confirms Enhanced Targeting Capabilities of B61-12 Nuclear Bomb, Hans Kristensen, January 23, 2014, http://fas.org/blogs/security/2014/01/b61capability/

[10]    Hillary Clinton’s Remarks before the 2010 NPT Review Conference, May 3, 2010, https://web.archive.org/web/20120930181944/http://www.cfr.org/united-states/hillary-clintons-remarks-before-2010-npt-review-conference/p22042

[11]    For more, see Administration Increases Submarine Nuclear Warhead Production Plan, Hans Kristensen, August 30, 2007, http://fas.org/blogs/security/2007/08/us_tripples_submarine_warhead/

Appeals court overturns sabotage convictions of Transform Now Plowshares activists

Appeals court overturns sabotage convictions of Transform Now Plowshares activists, vacates sentences of Megan Rice, Michael Walli and Gregory Boertje-Obed on all charges and remands for resentencing.

Court suggests decision may lead to release of Rice, Boertje-Obed and Walli

8 May 2015
for immediate release

The Sixth Circuit Court of Appeals handed down a decision in favor of the Megan Rice, Michael Walli and Greg Boertje-Obed who were convicted in 2013 of sabotage for their July 28, 2012 Transform Now Plowshares protest of nuclear weapons production at the Y12 Nuclear Weapons Complex in Oak Ridge, Tennessee.

“The purpose of the action of Michael, Megan and Greg was to call attention to the ongoing production of thermonuclear weapons components at the bomb plant in Oak Ridge and, more specifically, to oppose plans to build a new, multi-billion dollar bomb plant—the Uranium Processing Facility—at Y12,” said Ralph Hutchison, coordinator of the Oak Ridge Environmental Peace Alliance. “They were nonviolent protestors in the tradition of Gandhi, not saboteurs. We are pleased the Sixth Circuit appreciated the difference.”

The court ruled 2-1 in a decision handed down on May 8, 2015, that the government failed to prove the Transform Now Plowshares activists intended to “injure the national defense,” a requirement for conviction under the sabotage act.  Disposing of the government’ arguments one by one, the court finally states simply: “The defendants’ convictions under §2155(a) must be reversed.”

The circuit court had the option of merely reversing the sabotage conviction but letting the defendants’ sentences stand on the other charge for which they were convicted—depredation of government property. Noting the lesser charge would have resulted in lesser sentences—the men received 62 month sentences and Megan Rice a sentence of 35 months—under federal sentencing guidelines (“it appears that the guidelines ranges for their § 1361 convictions on remand will be substantially less than their time already served in federal custody.“), the court chose to vacate all sentences and remand the their cases for resentencing on the remaining depredation count.
Michael Walli is currently serving his sentence at McKean federal prison in Bradford, PA; Greg Boertje-Obed is in Leavenworth, KS; Megan Rice is in federal prison in Brooklyn, NY. Her release date is currently in mid-November, 2015.
At this time, it is not clear when resentencing will take place.

for more information
Ralph Hutchison  865 776 5050
Paul Magno 202 321 6650

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CRITICAL EVENTS

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New Nuclear Media: Art, Films, Books & More

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