DOE Strongly Opposes NMED’s Proposal to Get Waste Off the Hill in Los Alamos: What Now?

By June 22^nd, hundreds of New Mexicans submitted comments in support of the New Mexico Environment Department’s strong stand to protect the People of New Mexico by requiring Los Alamos National Laboratory (LANL) to remove plutonium-contaminated waste “Off the Hill.” https://nmed.commentinput.com/comment/extra?id=x2V7G3HrWN  

But the Department of Energy (DOE) and its contractors in New Mexico at the Waste Isolation Pilot Plant (WIPP), LANL and Sandia, and in California, Idaho, Illinois, South Carolina, Tennessee, and Washington State all strongly oppose the Environment Department’s proposed permit modification requiring the cleanup of legacy waste stored at LANL in fabric tents next to the community of White Rock.

Among other things, DOE comments repeatedly stated that the Environment Department does not have legal authority “to dictate how or what waste can be disposed of at WIPP.” DOE stated: “the risk associated with LANL’s storage facilities would not be applicable to WIPP.” DOE comments stated that the Environment Department proposal would violate federal laws and “halt pit-production” for nuclear weapons. DOE reserves the right “to take appeals as provided by law and to seek any other available legal remedies in the event differences cannot be resolved.”

In contrast to the federal government, a New York State agency is “in strong support” of the Environment Department.  Oregon also supports “prioritizing cleanup of facilities in New Mexico.”

Four New Mexico nonprofit organizations, including Concerned Citizens for Nuclear Safety (CCNS) and two individuals support some of the Environment Department’s proposal, but also oppose some provisions.  Those groups and individuals proposed changes to make the permit more stringent. For example, they want more specific restrictions on the definition of “legacy” waste and more requirements for LANL cleanup.

The next step is for the 32 organizations and individuals that oppose the Environment Department’s proposal in whole or in part to meet in confidential negotiations in late July to see if they can resolve all of their differences. If agreement were reached, one or more meetings would be held to receive public comment about it.

If not all of the differences were resolved, there would be a public hearing, with expert testimony and cross-examination before an administrative hearing officer. That hearing would also include opportunities for public oral and written comments. After the hearing, there would be legal briefs submitted to the hearing officer who ultimately would issue a recommended decision to an Environment Department official who had not been involved in the permit modification proposal. That official would issue a final decision, which could be appealed to a court.

1. Take a few minutes to watch the trailer of the new film, called An Ordinary Insanity, about the renowned whistleblower Daniel Ellsberg and the Nuclear Threat at https://www.anordinaryinsanity.com/. View the 29-minute film in its entirety for ** FREE ** on the Screenings Page at https://www.anordinaryinsanity.com/screenings    The film is a powerful wakeup call about the global threat posed by nuclear weapons and advocates how we can dramatically reduce the real and present danger of nuclear annihilation.

PLEASE SHARE ONLINE and SCREEN AT PUBLIC EVENTS.stand up

2. Friday, June 26^th from noon to 1 pm – Join the nuclear disarmament community at the intersection of East Alameda and Sandoval in Santa Fe for the weekly peaceful protest in support of the Treaty on the Prohibition of Nuclear Weapons. Join with Veterans for Peace, CCNS, Nuclear Watch NM, Loretto Community, New Mexico Peace Fest, Pax Christi and others. Bring your flags, signs and banners.

3. Sunday, June 28^th from 2 pm to 5 pm – Community Draft Programmatic Environmental Impact Statement (PEIS) Workshop at Tewa Women United Office, 1003 E. Fairview Lane, Española, NM. Light snacks and refreshments provided. Flyer:Community Workshop Flyer Update June 28

Did you know? The Department of Energy (DOE) is required to produce a Programmatic Environmental Impact Statement (PEIS) for proposed expansion of plutonium pit production at LANL? Want to participate in the public comment period, but don’t know how? Join us for this workshop and learn how to make informed public comments.  Submit your comments by Thursday, July 16, 2026 to make your voice heard.  Send your comments to PitPEIS@nnsa.doe.gov

4. Tuesday, June 30^th – Public comments are due to the New Mexico Environment Department about its proposal to select a remedy for corrective action at the Technical Area V (TA-V) Groundwater (TAVG) Area of Concern (AOC) at Sandia National Laboratory (SNL). For more information and links, go to last week’s DYK? at https://nuclearactive.org/support-new-mexico-environment-departments-proposal-to-get-waste-off-the-hill-in-los-alamos-your-comments-due-on-monday-june-22nd/ , scroll down to No. 6.

5. Tuesday, June 30^th – Santa Fe County Commission will hold a public hearing on a Proposed Ordinance and Resolution – to be heard no earlier than 5 pm –

Ordinance No. 2026-_____, An Ordinance Imposing a Twelve-Month Moratorium on Development Approvals or the Issuance of Development Permits for Large-Scale Data Center Facilities by Commissioner Lisa Cacari Stone and Commissioner Hank Hughes.  For details including the proposed ordinance and BCC Memo, go to https://santafecountynm.community.diligentoneplatform.com/Portal/MeetingInformation.aspx?Org=Cal&Id=941

6. Wednesday, July 1 at 7 pm Mountain Time – Union of Concerned Scientists is hosting an online training about the draft PEIS and how to make comments before the July 16^th https://secure.ucs.org/a/2026-7-1-peis-training

7. Wednesday, July 8^th at 4 pm Mountain Time – Union of Concerned Scientists is hosting a FREE online training about the draft PEIS and how to make comments before the July 16^th https://secure.ucs.org/a/2026-7-8-peis-training

Tags: Agency Initiated Modification, AIM, CCNS, Conservation Voters New Mexico, LANL, legacy waste, Los Alamos National Laboratory, New Mexico Environment Department, NMED, Nuclear Watch New Mexico, Sandia National Laboratories, Southwest Research and Information Center, Stop Forever WIPP Coalition, Waste Isolation Pilot Plant, White Rock, WIPP