Protective appeals filed by the Regents of the University of California

Contact: Linn Tytler, linn_tytler@lanl.gov, (505) 667-1455 (02-063)

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LOS ALAMOS, N.M., June 3, 2002 -- Los Alamos National Laboratory today announced that protective appeals have been filed by The Regents of the University of California regarding the "Determination Of An Imminent And Substantial Endangerment To Health And The Environment" signed by New Mexico Environment Department Secretary Peter Maggiore on May 2, 2002. The protective appeals were filed with the federal district court as well as with the New Mexico Court of Appeals, both in Santa Fe. The U. S. Attorney for New Mexico, on behalf of the Department of Energy, filed a similar appeal with the New Mexico Court of Appeals.

Today's action was in response to only one of two actions taken by the Department on May 2, when it issued both the determination as well as a draft order for corrective action. The latter gives specific requirements for investigation and environmental cleanup at the Laboratory, as well as a schedule for implementation.

"We do not agree with the Secretary's determination of endangerment," said Frank P. Dickson, Jr., the Laboratory's counsel. "However, to protect our rights, The Regents made the protective appeals in the courts." Dickson explained that if the protective filings had not been made, the University of California and the Laboratory believe they might lose the right to challenge the basis, findings and effect of the determination.

Addressing the second Environment Department action on May 2, the draft order for corrective action, Dickson said, "We will provide our comments regarding the draft order to the Department by the July 1 deadline."

"Not only do we not agree with the determination of endangerment, we believe it is critically important that everyone understand our uncompromising commitment to the environment," said Joseph Salgado, Principal Deputy Director at Los Alamos National Laboratory. "Every member of the Laboratory work force resides in the region and works diligently to ensure that nothing done at the lab could harm a neighbor or family member."

Salgado reiterated the Laboratory's commitment to clean air and water, environmental vigilance and responsibility, and continued cleanup of legacy wastes. "We share the interests of the Department and New Mexico citizens, and will continue our efforts to reduce the Laboratory's environmental impact," Salgado concluded.

Los Alamos National Laboratory is operated by the University of California for the National Nuclear Security Administration of the U.S. Department of Energy and works in partnership with NNSA's Sandia and Lawrence Livermore national laboratories to support NNSA in its mission.

Los Alamos enhances global security by ensuring the safety and reliability of the U.S. nuclear weapons stockpile, developing technical solutions to reduce the threat of weapons of mass destruction and solving problems related to energy, environment, infrastructure, health and national security concerns.

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