Environmental Groups File Suit Against Los Alamos Lab

Based on data collected by the laboratory, the groups allege that the PCB levels at some of the sites were more than 25,000 times than that of the New Mexico human health standards.

Several environmental groups have filed a lawsuit against the Los Alamos National Laboratory, alleging that the lab does not adequately control pollutants in storm water run-off.

The lawsuit against the lab identifies 59 sites that it claims violate the conditions of the lab's storm water permit by failing to monitor and remove pollutants, such as radioactive waste and a class of toxic chemicals known as polychlorinated biphenyls, or PCBs.

Based on data collected by the laboratory, the groups allege that the PCB levels at some of the sites were more than 25,000 times than that of the New Mexico human health standards.

"We are asking for compliance with the Clean Water Act. Our main goal is to get Los Alamos to clean up," said Joni Arends, the executive director of Concerned Citizens for Nuclear Safety, one of the groups filing the lawsuit.

But lab officials said it meets the Clean Water Act requirements.

"There is an extensive storm-water monitoring network with a couple hundred monitoring stations," said lab spokesperson James Rickman.

The lab was solely managed by the university until its contract ended in May 2006. Los Alamos National Security, LLC, a security group including the university, took over as managers.

The lab's property contains several major canyons and watersheds that feed into the Rio Grande. Monsoons are common in the area, and heavy rain and snow melts can transport materials through the ground, Arends said.

"In some storms, PCBs (and other contaminants) will flow down to the Rio Grande, which is the future drinking water supply for Albuquerque and Santa Fe," she said. "It's pretty clear the contamination is from Los Alamos."

Rickman refuted this claim, citing data from the lab finding PCB levels in the Rio Grande upstream of the lab were comparable to levels downstream. The data shows the amount of PCB the lab contributes to the river is minimal, he said.

"We have an exhaustive environmental monitoring and surveying network specifically designed to protect the community," Rickman said.

The lawsuit was filed on Feb. 7. The groups say they were concerned by the lab's water management for some time.

A letter was sent to the lab two years ago declaring the intention to sue, said Megan Anderson, an attorney for the Western Environmental Law Center, which is representing the Concerned Citizens for Nuclear Safety, Amigos Bravos and several other environmental and community groups.

"They spent the time since getting more information on the contaminants," she said. "They didn't want to jump into this without being fully prepared with research and data."

The groups hope the lawsuit will force the lab to improve the monitoring and management of storm water at the 59 contested sites, she added.

"This is a call for (the lab) to clean up and recognize this is a serious issue," she said. "They need to meet quality issues and address these concerns.