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New Mexico settles with federal government on LANL radioactive waste cleanup

Watchdog groups call review at US nuclear weapons lab a 'sham' process

Los Alamos National Laboratory.

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It鈥檚 well known that New Mexico once was ground zero for nuclear weapons testing, leaving behind toxic radioactive waste. But has the federal government been effectively cleaning up that waste in northern New Mexico?

Gov. Michelle Lujan Grisham says no. But she鈥檚 hopeful a new settlement will change that.

The New Mexico Environment Department and the U.S. Department of Energy entered a settlement agreement on Aug. 30 outlining cleanup terms for radioactive waste at Los Alamos National Laboratory.

It also sends a $333,000 civil penalty to the state鈥檚 Hazardous Waste Emergency fund, which deals with hazardous materials.

鈥淟os Alamos National Laboratory is now fully accountable for cleaning up the radioactive waste legacy stemming from the Oppenheimer days,鈥 Lujan Grisham said in a statement. 鈥淭his settlement agreement holds the U.S. Department of Energy accountable to both New Mexicans and tribal communities who have every right to expect full and timely remediation of the site.鈥

The federal government already had cleanup measures to meet from a 2016 consent order, but NMED filed a civil complaint against DOE in 2021 alleging that the federal government wasn鈥檛 effectively cleaning up the waste.

DOE denied the allegation.

In late 2021, the state and federal entities paused litigation in an attempt to settle the matter instead.

Three years later, NMED and DOE have agreed on revised cleanup terms, including a faster dispute resolution process, broadened enforcement of deadlines adhering to a five-year plan and revisions to public participation, according to the state.

鈥淭he new consent order sets critical deadlines for cleanup progress milestones, forcing the DOE to take accountability in a timelier manner,鈥 NMED Hazardous Waste Bureau Chief JD Nance said in a statement.

NMED will hold public stakeholder and tribal meetings in coming months to explain the settlement, according to the governor鈥檚 office.

The settlement specifies that the agreement isn鈥檛 an admission of wrongdoing or noncompliance by DOE.

A DOE spokesperson told the Journal it鈥檚 dedicated to 鈥渟afely, efficiently, effectively and transparently completing the cleanup of legacy contamination鈥 that鈥檚 a result of nuclear weapons development and research from the Manhattan Project and Cold War era.

鈥淒OE鈥檚 track record of successful clean-up work in Los Alamos reflects this commitment, as well as its accountability to the State of New Mexico,鈥 the spokesperson said.

The new cleanup terms must go into effect by the end of the month.