Motions to Dismiss
All documents electronically filed with the court on August 31, 2016
NUCLEAR WATCH NEW MEXICO, Plaintiff
UNITED STATES DEPARTMENT OF ENERGY, and LOS ALAMOS NATIONAL SECURITY, LLC, Defendants
NEW MEXICO ENVIRONMENT DEPARTMENT, Intervenor
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)
Full Budget Requests
Nuke Watch Analyses
This is the list of extensions to requirements of the Consent Order requested by LANL and approved or denied by the NM Environment Department.
The agreement of the Department of Energy/National Nuclear Security Administration (DOE/NNSA) and the New Mexico Environment Department (NMED) to address the highest risk above-ground transuranic waste currently in Technical Area 54 at LANL.
This revised Consent Order will create serious barriers to achieving cleanup, limits public participation opportunities, undermines enforceability by the Environment Department, puts the Department of Energy (DOE) in the driver’s seat, and lacks a final milestone compliance date. The 2016 Consent Order is potentially a giant step backward in achieving genuine, comprehensive cleanup at LANL.
The 2005 consent order was LANL’s agreement for “fence-to-fence” cleanup of Cold War-era legacy waste by December 2015. Issued pursuant to the New Mexico Hazardous Waste Act, the Consent Order set the requirements for a comprehensive investigation of environmental contamination and provides for the identification of cleanup alternatives and the implementation of cleanup measures. (NMED, DOE, UC Regents)
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