Tag: LANL SWEIS

Federal District Court Allows Lawsuit to Proceed Against DOE/LANS Potential Penalties Exceed $300,000,000

Jay CoghlanEnvironmental Impact, Los Alamos Nat'l Lab.

For Immediate Release

New Mexico Environmental Law Center
Nuclear Watch New Mexico – Santa Fe, NM

A United States District Court judge has ruled that a lawsuit filed by Nuclear Watch New Mexico (NukeWatch) can move forward. The lawsuit is based on thirteen (13) violations of corrective actions Los Alamos National Security, LLC (LANS) and the Department of Energy (DOE) failed to complete under a 2005 Consent Order governing cleanup that the New Mexico Environment Department (NMED) fought for under former Governor Bill Richardson.

Fines for failure to complete the corrective tasks are $37,000 per violation per day. Violations for failing to complete the tasks started as early as June 2014 and now total well over $300 million.

The judge in allowing the lawsuit on civil penalties to move forward stated that DOE/LANS had failed to show in their legal and factual analysis that violations were unlikely to recur.

Jon Block, representing NukeWatch as a staff attorney at the New Mexico Environmental Law Center, said “We are gratified that the Court is allowing the lawsuit on civil penalties to move forward.”

In 2002, the NMED determined that decades of contamination at Los Alamos National Laboratory constituted an “imminent and substantial endangerment to health and the environment” and sought to compel cleanup at the Lab.  DOE/LANS counter-sued, and in 2005 the parties agreed to a Consent Order specifying that DOE/LANS would characterize the extent and nature of the contamination, assess alternatives for effective cleanup of the contamination, and implement cleanup. Gov. Martinez came into office in 2011, after which DOE/LANS compliance with the Consent Order effectively stopped.

NukeWatch filed its original complaint in May 2016, followed by an amended complaint in July 2016. That was in response to a June 2016 announcement by NMED and DOE/LANS that they had entered into a new Consent Order that rendered the 2005 Consent Order invalid.

The judge did grant DOE/LANS and NMED’s motions to dismiss that part of NukeWatch’s complaint asking for declaratory and injunctive relief (in general seeking to have the 2016 Consent Order declared invalid). However, the judge specifically noted that the revised 2016 Consent Order replaced enforceable goals in the 2005 Order with unenforceable goals.

Jay Coghlan, NukeWatch director, commented “Susana Martinez’ administration shamefully gave away the store to the Los Alamos Lab, forgiving hundreds of millions of dollars in potential penalties for clear violations of an enforceable cleanup order, at the very time when New Mexico was facing a serious budget crisis. We are very pleased that the issue of penalties can now go forward in court, which should bring some accountability toward achieving comprehensive Lab cleanup that would produce hundreds of high-paying jobs.”

See NukeWatch’s Amended Complaint here

See Judge Judith Herrera’s decision here

Contacts:
Jay Coghlan: Nuclear Watch New Mexico
989.7342

Jon Block, Staff Attorney: New Mexico Environmental Law Center
505.989.9022

LANL Gestures to Gas Shortage

Jay CoghlanEnvironmental Impact, Los Alamos Nat'l Lab.

In response to statewide natural gas outages across New Mexico, LANL closed February 4th. The gesture may reflect that LANL gas use is roughly the equivalent[1] of 22,310 people, nearly the same as the 25,000 people that media reports are without recent service.

Although shutting down LANL would almost make up for the shortage in gas affecting northern New Mexico, it is not quite that equitable. LANL and the Los Alamos town site have their own dedicated gas pipeline coming from the NW San Juan Basin, in New Mexico. Whereas Albuquerque, Santa Fe, Espanola, Taos etc are fed natural gas from the Permian Basin gas fields in Texas. Therefore it is questionable that curtailing operations (which cost taxpayers ~$6 million/per day) at LANL helps to relieve gas supplies in northern New Mexican communities.

It also begs the question of why aren’t Northern New Mexico gas supplies coming from the plentiful San Juan basin, one of the largest reserves in the nation, which is geographically closer? Espanola and Taos are reportedly suffering in recent subzero temperatures because they are at the “end of the line” of gas coming from Texas. But the privileged Lab and Los Alamos town site would not be subject to the same short supply.

[1] According to the 2006 LANL Site-Wide Environmental Impact Statement the Lab uses an average of 37.4 million cubic meters of natural gas annually, or 1.32 billion cubic feet (1 cubic meter = 35.31 cubic feet). Wikipedia says Americans use 18.4 trillion cubic feet per year. U.S. population is around 311 million people, hence per person use = 59,164 cubic ft/yr. Population of Espanola = ~10,000, hence uses ~ 591,640,000 cubic ft/yr. Population of Taos = 5,550, hence uses ~ 328,360,200 cubic ft/yr. Therefore, LANL uses twice as natural gas as Espanola, 4 times as much as Taos. TA-55 (site of plutonium pit production) alone uses 45 million cubic ft per year.

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