New Mexico is right to hold feds’ feet to fire
New Mexico is getting tougher with Los Alamos National Laboratory when it comes to waste cleanup.
That’s good news.
The state has filed suit against the U.S. Department of Energy for what it claims is the lab’s inadequate cleanup of legacy waste. Officials at the state Environment Department also are signaling they will impose tougher rules for disposal of waste that has resulted from decades of research and weapons production — welcome and long-overdue steps to protect New Mexico and its environment.
The time is right: A 2016 agreement guiding the cleanup is failing to do the job.
Since its signing under then-Gov. Susana Martinez, the consent agreement had been broadly criticized, and for good reason. A revision of a 2005 order, the 2016 agreement lacked teeth to keep federal cleanup efforts on track. With firm deadlines eliminated, few fines have been imposed for inadequate or slow work since its inception.
Cleanup is not happening fast enough, thus putting land, water and people at unnecessary risk. The 20-page lawsuit outlines the consequences for lab neighbors, including the continued presence of hazardous and radioactive substances that pose health dangers. The lawsuit also points out tribal communities have faced a loss of certain cultural activities, with outdoor recreational activities also at risk.
Filed in state District Court last week, the lawsuit targets the Department of Energy’s plan to deal with waste. Before going to court, the state tried to reach an agreement with the federal agency, and only went to court after months of negotiations failed to produce an agreement.
New Mexico claims the federal approach lacks substantive and appropriate targets for eliminating waste. As a result, New Mexico cleanup lags behind similar ventures in other states. Idaho and South Carolina have more stringent policies on waste removal and are getting the job done more efficiently. That’s proof more stringent rules can work.
The lawsuit calls for ending the 2016 agreement, asks for a $330,000 fine and requests the court mediate between the two parties to produce a new agreement. That’s fine, but any new deal needs hard deadlines and consequences for noncompliance.
It’s essential that decades of waste be cleaned up now, if only because more could be on the way.
Los Alamos is being asked to ramp up production of plutonium pits — the triggers for nukes. It’s a process that will lead to more waste, even as legacy waste from the Manhattan Project and Cold War remains. The lab has been in the business of making weapons since the early 1940s. There’s a lot to remove and remediate.
Yet to state officials, even simple tasks can’t be completed. Department of Energy officials can’t even come to terms with the state on a deadline for something as basic as installing wells to monitor water supplies.
That’s yet another indication the Department of Energy lacks the resolve to complete the work. Last year, in fact, the agency proposed cutting $100 million from its cleanup budget. That would have delayed work even further had Congress not restored the full appropriation at the request of New Mexico’s representatives.
With the state weighing in to call for an expedited waste removal process, New Mexico might finally receive the attention it deserves.
Our state has been a good citizen in the service of the nation, producing weapons for national defense as required. Now, the country must keep its commitment to remove toxic waste — and not as it pleases, but on a firm and efficient timeline.