Nuclear Watch New Mexico wants a federal judge to throw out the newly amended consent order governing cleanup of legacy nuclear waste at the Los Alamos National Laboratory, according to a Tuesday court filing.
In an amended complaint to a lawsuit originally filed in May, NukeWatch asked U.S. District Court Judge Judith Herrera to dismiss the consent order between DOE and New Mexico approved on June 24 “because the requirement for the opportunity of a public hearing was not met.” NukeWatch cited requirements for public hearings in both state and federal law, in its amended complaint with the U.S. District Court for New Mexico.
NukeWatch believes the amended cleanup order surrenders the state’s control over the site by focusing remediation on one area at a time in the so-called campaign approach. The Albuquerque-based citizens group said a hard deadline for site-wide cleanup makes it easier for the state to press Congress for funding for this work when it is needed the most.
The New Mexico Environment Department — which on June 23 intervened in the lawsuit alongisde defendants DOE and LANL prime contractor Los Alamos National Security— contends the amended consent order’s campaigns make it easier for DOE and its industry partners to hone in on the exact cleanup methods they will deploy for certain parts of LANL. This simplifies the process of identifying exactly what equipment and personnel are needed for cleanup, which in turns makes it easier for Congress to understand what it is being asked to fund each year, Kathryn Roberts, NMED Resource Protection Division director, said in a July 1 interview.
Under the 2005 order, the lab’s highly contaminated Area G, which includes a transuranic waste processing facility, was supposed to be substantially cleaned up by December 2015. After it wasn’t, NukeWatch sued DOE and Los Alamos National Security, claiming the parties owed the state more than $300 million in penalties for blown deadlines under the 2005 consent order that was in effect at the time.
Remaining LANL cleanup will take about 19 years, DOE and the state agree. The department thinks the work will cost about $4 billion over that time, while the state believes the price tag is closer to $5 billion.
A DOE spokesperson in Washington said the agency does not comment on pending litigation.
“This is a frivolous lawsuit that will only serve to delay cleanup at Los Alamos and jeopardize funding for the National Laboratory,” A New Mexico Environment Department spokesperson wrote in a Tuesday email. “Nuke Watch and the Environmental Law Center’s overarching goal seems to be driving the national laboratories out of New Mexico.”
The Environmental Law Center is representing NukeWatch in the case.
