On Thursday, February 20th, Lindsay A. Lovejoy, Jr., the attorney for Honor Our Pueblo Existence and CCNS, will argue before the New Mexico Court of Appeals that the non-government organizations have standing to challenge the misregulation of the Radioactive Liquid Waste Treatment Facility, a key facility at Los Alamos National Laboratory (LANL).
The RLWTF treats liquid radioactive and hazardous waste generated at the Plutonium Facility from the fabrication of plutonium pits, or the cores, of nuclear weapons. Those activities are ramping up under U.S. government plans to spend over $1 trillion dollars for new design weapons for use in a post-Cold War nuclear arms race.
Importantly, liquid radioactive and hazardous waste flows through underground pipes from the Plutonium Facility to the RLWTF for treatment. After treatment, the liquids are discharged through an outlet called Outfall 051 into Effluent Canyon where it disappears into the ground and begins the journey through complex geology to the hexavalent chromium plume and on to the Rio Grande.
Regulatory oversight of the facility has come under scrutiny, highlighting the need for increased advocacy from the public, organizations, and Tribes to ensure appropriate regulation. In 2022, the New Mexico Environment Department, despite opposition from the two non-governmental organizations and others, issued a groundwater discharge permit, called DP-1132, to LANL allowing discharges through the outfall.
CCNS first raised concerns about the facility operations and the correct form of regulation in 1994 after which the New Mexico Environment Department and LANL began a 30-year convoluted groundwater-permitting scheme to permit the facility under the New Mexico Water Quality Act.
But the New Mexico Water Quality Act prohibits such permitting. It states, “the [Water Quality Act] does not apply to any activity or condition subject to the authority of the Environmental Improvement Board pursuant to the Hazardous Waste Act.” Despite the prohibition, the Environment Department permitted the RLWTF under the Water Act.
LANL has acknowledged that the facility manages hazardous waste, which necessitates compliance with federal and New Mexico hazardous waste laws and regulations. Nevertheless, LANL has done everything in its power to resist appropriate oversight in New Mexico.
Next week HOPE and CCNS will argue that they have standing to challenge the misregulation of the RLWTF.
The hearing will be held on Thursday, February 20th at 10 am at the Albuquerque Court of Appeals Pamela B. Minzner Law Center, at 2211 Tucker North East, Albuquerque. You are invited to attend. https://coa.nmcourts.gov/
For more information, please see previous CCNS News Updates at:
https://nuclearactive.org/wqcc-denies-ccns-and-hope-standing-to-challenge-dp-1132/; https://nuclearactive.org/whats-at-stake-at-tuesdays-wqcc-hearing-on-hope-and-ccns-standing/; and https://nuclearactive.org/whats-at-stake-at-tuesdays-wqcc-hearing-on-hope-and-ccns-standing/
- Show Your Love! Join us on Friday, February 14th from noon to 1 pm
at the intersection of East Alameda and Sandoval for the weekly one-hour peaceful protest for nuclear disarmament. Join the weekly peaceful protest with Veterans for Peace, CCNS, Nuclear Watch NM, Loretto Community, New Mexico Peace Fest, Pax Christi and others. Bring your flags, signs and banners and join in the conversation for nuclear disarmament.
- Thursday, February 13th from 5 to 8 pm at Fuller Lodge, Pajarito Room, in Los Alamos.
NEW INFORMATION: This public hearing is in-person AND virtual. Please note: The first 30 minutes of the in-person hearing will be an open-house poster session.
NNSA has added a virtual option to the Thursday, Feb. 13, public hearing.
The virtual meeting is 5:30-8:00 p.m.
Online access is as follows:
Access by Internet: https://tinyurl.com/LANLSWEIS3
Meeting ID: 288 629 140 033
Access by Telephone: 719-283-1404
Phone ID: 833 182 563#
For more information: https://www.energy.gov/nnsa/nnsa-nepa-reading-room
- Monday, February 17th at noon – National Day of Protest – At the White House and/or your State Capitol/City Hall/Town Hall – To Resist Fascism!
- If you need a break from the chaos –
watch “Atomic Bamboozle: The False Promise of a Nuclear Renaissance” for FREE in February. Sponsored by the Oregon Conservancy Foundation about the people-powered shutdown of the Trojan nuclear power plant. 46-minute documentary.
Click here to watch for free! (enter promo code ocf25 )
Please watch and share with your friends. Now is a critical time to fight against false solutions to the climate crisis.