WQCC Denied CCNS and HOPE Standing to Challenge LANL’s RLWTF – Next Step is Oral Argument Before New Mexico Court of Appeals

The Los Alamos National Laboratory (LANL), operated by the Department of Energy, plays a critical role in maintaining the safety and reliability of the nation’s nuclear stockpile. Central to this mission is the Radioactive Liquid Waste Treatment Facility (RLWTF), which was constructed in the early 1960s to treat, store, and dispose of radioactive and hazardous liquids.

For decades, the RLWTF has released “treated” water through an outlet called Outfall 051 into Effluent Canyon, which flows into Mortandad Canyon and toward the Río Grande.

The facility is currently misregulated under the New Mexico Water Quality Act. Instead, the RLWTF should be regulated under the New Mexico Hazardous Waste Act to ensure proper oversight, safety, and the health of the environment and waters.

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. Since 1994, local community organizations such as Concerned Citizens for Nuclear Safety (CCNS) and Honor Our Pueblo Existence (HOPE) have raised concerns about its regulation, arguing that it should fall under the state’s Hazardous Waste Act rather than the WQA, which lacks sufficient public oversight and safety measures.  https://shuffle.do/projects/honor-our-pueblo-existance-h-o-p-e  

According to the New Mexico Water Quality Act (WQA), “the WQA 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 has permitted the RLWTF under the WQA.

While LANL acknowledges that the facility manages hazardous waste, which necessitates compliance with federal hazardous waste regulations, LANL has done everything in its power to resist appropriate oversight in NM.

In 2022 and 2023, CCNS and HOPE challenged the misregulation before the New Mexico Water Quality Control Commission.  During the challenges, the community groups discovered the Commission’s chair had secretly and successfully applied for a position with LANL while she was leading the Commission. After a series of hearings, the Commission ignored the chair’s conflict of interest and stated that CCNS and HOPE did not have standing to challenge the discharge permit.  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/

Nearly two years later, CCNS and HOPE will have their day in the New Mexico Court of Appeal to argue that they have standing to challenge the RLWTF misregulation.  The hearing will be held on Thursday, February 20^th 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/

1. Join us on Friday, February 7^th 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. 

2. Tuesday, February 11^th from 1 to 4 pm and 5 to 9 pm at the Santa Fe Community Convention Center, Sweeney Room – virtual and in person draft LANL SWEIS public hearing. Please note:  The first 30 minutes of the in-person hearing will be an open-house poster session.

Online Public Meeting: 1:30-4 p.m.; Access by Internet: https://tinyurl.com/LANLSWEIS1,  Meeting ID:  246 608 386 25
Access by Telephone: 719.283.1404, Phone ID:  409 573 1#

Online Public Meeting: 5:30-8 p.m.;  Access by Internet: https://tinyurl.com/LANLSWEIS2, Meeting ID: 285 648 444 285
Access by Telephone: 719.283.1404, Phone ID: 818 405 462#

For more information:  https://www.energy.gov/nepa/doeeis-0552-site-wide-environmental-impact-statement-continued-operation-los-alamos-national-0

3. Wednesday, February 12^th from 5 to 8 pm at Mision y Convento in Española. This public hearing is in person ONLY.  It remains unclear why this public hearing is not available virtually.  Please note:  The first 30 minutes of the in-person hearing will be an open-house poster session.

For more information:  https://www.energy.gov/nepa/doeeis-0552-site-wide-environmental-impact-statement-continued-operation-los-alamos-national-0

4. Thursday, February 13^th from 5 to 8 pm at Fuller Lodge, Pajarito Room, in Los Alamos. This public hearing is in-person ONLY.  It remains unclear why this public hearing is not available virtually.  Please note:  The first 30 minutes of the in-person hearing will be an open-house poster session.

For more information:  https://www.energy.gov/nepa/doeeis-0552-site-wide-environmental-impact-statement-continued-operation-los-alamos-national-0

5. 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.

Tags: CCNS, Concerned Citizens for Nuclear Safety, Department of Energy, DOE, Effluent Canyon, February 20th, Honor Our Pueblo Existence, HOPE, HWA, LANL, Los Alamos National Laboratory, Mortandad Canyon, National Nuclear Security Administration, New Mexico Court of Appeals, New Mexico Hazardous Waste Act, New Mexico Water Quality Act, New Mexico Water Quality Control Commission, NNSA, Outfall 051, Radioactive Liquid Waste Treatment Facility, Rio Grande, RLWTF, WQA, WQCC