[Los Alamos Study Group] Federal Judge Rules In Favor of Continuing Los Alamos Nuclear Project Without Applicable Environmental Impact Statement, Dismisses Environmental Lawsuit

Editor's note: I almost didn't post this, thinking that it is a political issue, until I came across this link showing that Santa Fe County, sponsored by Kathy Holian, our local commissioner, endorsed a resolution calling for the Environmental Impact Statement that was shot down by this Federal judge. ~ Casey Ryan

The plutonium bomb factory lives under the guise of national security... full evidence that we are in a quasi-fascist state. Dangerous because people and environment have been by the US Federal Court certifiably stamped as collateral damage.
One accident here destroys all of New Mexico and parts of Colorado, Texas, and Arizona. It make Joplin, Missouri, Alabama, Mississippi and other tornado ridden landscape and deaths look like a Sunday picnic. It would destroy populations along Rio Grande of which Pueblo people and indigenous peoples had made their home lands for over 5,000 years. It will make Rocky Flats look like a cakewalk, for many of the managers from Rock Flats( one of the largest nuclear radaition releases in this governments history) now work at LANL and or Sandia National Lab. This news should give us pause but instead I challenge our resolve to commit to real organizing, real protest and real change. It is what is needed, if only for our children and their children, we have a responsibility to make that change. Stand strong, friends, we have the strength we must work together to see nuclear weapons disarmed worldwide and the bomb factories extinguished. Our democracy is being erode the longer the people remain silent.

Elaine Cimino
Director Citizens for Environmental Safeguards
505 508-0255


---------- Forwarded message ----------
From: Greg Mello
Date: Tue, May 24, 2011 at 6:32 AM
Subject: [Los Alamos Study Group] Federal Judge Rules In Favor of Continuing Los Alamos Nuclear Project Without Applicable Environmental Impact Statement, Dismisses Environmental Lawsuit
To: LASG main listserve
Cc: twm@lasg.org
For Immediate Release May 23, 2011

Federal Judge Rules In Favor of Continuing Los Alamos Nuclear Project Without Applicable Environmental Impact Statement, Dismisses Environmental Lawsuit

Says "Supplemental" EIS (SEIS) Process May Be Sufficient, Claim Not Ripe for Litigation

Contact: Greg Mello, 505-577-8563 (cell phone, in Washington DC)

Albuquerque, NM -- Earlier today U.S. District Judge Judith Herrera dismissed the lawsuit (pdf) brought last August by the Los Alamos Study Group (LASG), an Albuquerque-based nonprofit, against the National Nuclear Security Administration (NNSA) and Department of Energy (DOE) over these agencies' evolving Chemistry and Metallurgy Research Replacement Nuclear Facility (CMRR-NF), a $6 billion plutonium complex at Los Alamos National Laboratory (LANL). The lawsuit (the entire docket is available here) was brought under the National Environmental Policy Act (NEPA) and related law.

The lawsuit sought to compel NNSA and DOE to pause design and construction of the massive project to prepare an environmental impact statement (EIS) that examined alternatives to the project, which is much bigger, with far greater environmental impact, than when it was originally proposed and analyzed under NEPA in 2003.

"We believe our arguments were sound and remain sound, factually and legally. We are studying the judge's opinion closely and will decide our legal course of action over the next few days," said Study Group Director Greg Mello. "It is never legal for a federal agency to decide to implement a project with significant environmental impact without an applicable, objective EIS, and that is what is happening here."

"This decision, while disappointing, will not stop our opposition to this highly destructive project. It's a speed bump. If NNSA thinks they are in the clear now, they are wrong. This ruling doesn't change the facts on the ground -- the high seismicity, the cramped site and poor geology, the lack of need, the lack of money, and the basic horror and immorality of the mission. All of these are unfavorable to this project."

The Study Group is represented by Thomas Hnasko and Dulcinea Hanuschak of the Hinkle Law Firm in Santa Fe, Lindsay Lovejoy of Santa Fe, and Diane Albert of Albuquerque.

Study Group Director Greg Mello is currently in Washington, DC, meeting with congressional staff, federal safety officials, and executive branch officials, carrying the message (pdf) that attempting to pursue this project at the same time as eight (8) or more $100+ M construction projects at LANL in the same immediate area, and also at the same time as five (5) other multi-billion-dollar nuclear facilities elsewhere around DOE's weapons complex, would be highly imprudent. The Study Group believes the project is unnecessary and damaging to national security.

A call to pause the project on safety grounds was also voiced by Dr. Everett Beckner, who managed the nuclear weapons complex for President G.W. Bush.

Judge Herrera's opinion rested heavily on the "supplemental" EIS process now underway, stating that this process itself, which began only after the Study Group's litigation was filed, and its "public participation" component in particular were sufficient for the court to stay its hand -- and dismiss the lawsuit. The judge did not rule on the Study Group's motion to enjoin the project.

The Study Group has been urging members of the public to stay away from the SEIS hearings, which it regards as illegitimate. "We need to call them 'hearings,' in quotations," Mello said, "because the public record is replete with Administration statements saying it is not under any circumstances going to reconsider its commitment to this project, unlike what is implied in the hearing process; because the SEIS openly and illegally rejects all alternatives but the favored project in its opening pages; and, more broadly, because we believe experience has shown that DOE has never changed its course of action as a result of NEPA "public participation."

The Study Group has instead called citizens to engage substantively with government on all levels to challenge and reform NNSA's position in regard to this giant project. Local government resolutions supporting the Study Group's lawsuit were passed by four local governments.

Mello: "In numerous discussions public and private spanning many years we have concluded that unless citizens can find the courage to face the abyss of freedom and learn to act politically, they will largely remain incapable of self-governance."

The Study Group's recent bulletins discussing these matters can be found here.

***ENDS***
--
Greg Mello

Los Alamos Study Group

2901 Summit Place NE

Albuquerque, NM 87106

505-265-1200 office

505-577-8563 cell

More Fire Safety Information

Fire on Glorieta Mesa

Hi neighbors:
Below is information from Commissioner Holian at a community meeting in Glorieta. We'll be covering some of this information in our June meeting at Hondo 2, tailored specifically to Apache Ridge residents. You'll note that she mentions the SimTable, which we will have at our meeting. She also mentions the property hazard assessments, which we told you about in previous newsletters, including links to Apache Ridge properties.

More information to come regarding our All Neighbors Meeting soon...


c
Candelora Versace, Apache Ridge Property Owners Association
ARPOAboard@gmail.com ~www.arpoa.blogspot.com
2011 Board: Candelora Versace, Kristin Ryan, Gustav Kocsis, Michael Jerry, Tim Davis and Booth Gallett
ARPOA, 44 Apache Ridge Rd, SF NM 87505


Begin forwarded message:

From: Kathy Holian Date: May 22, 2011 10:55:46 AM MDT
To: Undisclosed-recipients: <;
Subject: More Fire Safety Information

Dear Santa Fe County residents:

I attended an excellent community meeting last Thursday in Glorieta (for the folks who live in the La Cueva area). The subject of the meeting was fire safety. Captain Buster Patty and Krys Nystrom of the County Fire Prevention Department were there, as well as Todd Haines from the Forestry Division of the Energy, Minerals and Natural Resources Department, and several people from the Forest Service. I would like to pass along some important points from the meeting and again extend the offer to set up a similar meeting for your community if you are interested. ( I am shooting for the first week in June for a meeting for Sunlit Hills, Arroyo Hondo, and Los Cerros.)

Captain Patty and Krys brought the SimTable. This is a remarkable tool that helps firefighters (and residents) visualize in three dimensions how a fire might spread in a particular community given certain conditions (for example, point of ignition, wind speed and direction, etc.). The topographic contours for La Cueva were projected onto the sand in the SimTable (which is like a huge cat box.) Then the sand is molded into hills and valleys. A laser pointer is used to start a "fire". The observers can then watch the spread of the fire over time and space.

The experience of watching the spread of a fire in three dimensions drives home the point that, if unchecked, fires can move rapidly and can cut off escape routes in those communities where there is only one road in and one road out.

I also learned that the County Wildland Division staff have done property hazard assessments in a number of areas of the County that are particularly vulnerable. They have gone house to house to check for such factors as whether there is water available for fighting a fire, whether there are flammable materials around the house, and how accessible the area is to fire equipment. Each house that is assessed is placed onto maps and is color-coded as to the scale of vulnerability to wildfire.

If you would like to see whether your house has been assessed, please go to the http://www.sfcfire-wildland.com website. There is also a wealth of information about how you can make your home safer and about various fuels reduction projects sponsored by the County. You can also make an appointment to schedule an assessment of your own home.

The major question asked by the participants in the Glorieta meeting was "What should we do if a fire breaks out near where we live?" There is no one answer to that question. But, this is what I got out of the discussion:

1) First, if there is any possibility that the fire could spread toward where you live, leave as soon as possible with your pets and animals (if you can). The firefighters will do everything they can to save lives, but when fires are in an area that is difficult to access, the less people that they must try to save, the better.

By the way, if you evacuate with your horses, you can shelter them at the Santa Fe County Fairgrounds. The person to call is Jim Butler of Rodeo de Santa Fe (505-316-5141).

2) If you cannot evacuate, it is better to stay home and wait for help. Going off on an unfamiliar dirt road is probably not a good idea unless there is no other choice.

3) If the fire is coming toward you, find a bare area that the fire might go around. It is always good to scope out possibilities in advance in your area.

Of course, it is always prudent to do some advance preparation. Creating defensible space around your home is one of the most important things that you can do.

There is a great deal of important information about this topic, and you can find excellent information on the above-mentioned website. Also, you can get your very own property assessment from our Fire Prevention staff.


Sincerely,
-Kathy

p.s. I am including a picture of the Ojo de la Vaca fire on 10th, courtesy of Chief Tom Chilton of the Hondo Volunteer Fire Department.








-Kathy Holian
4 Camino Cielo Azul
Santa Fe, NM 87508
505-995-9979
Kathleen.Holian@comcast.net

Fire Safety & Evacuation Information

Hi neighbors:
this message below comes to us from Kathy Holian, our county commissioner, hot on the heels of the board's planning session for our June all-neighbors meeting at Hondo 2. Full details will be in the June 1 newsletter and will include information about firescaping, fire safety, evacuation options, etc; Commissioner Holian will be presenting at the meeting, as will Captain Tom Chilton of Hondo Fire Dept and Chris Nystrom, wildland/urban interface specialist of the SF County Fire Dept. She'll be bringing along the simtable, the graphic 3-D representation of how a wildfire would behave on Apache Ridge Road, which you might recall we got to see at our first big all-neighbors meeting 2 years ago.
More details to come in the newsletter, but meanwhile, you may find the information below interesting...

candelora
Candelora Versace, Apache Ridge Property Owners Association
ARPOAboard@gmail.com ~www.arpoa.blogspot.com
2011 Board: Candelora Versace, Kristin Ryan, Gustav Kocsis, Michael Jerry, Tim Davis and Booth Gallett
ARPOA, 44 Apache Ridge Rd, SF NM 87505


Begin forwarded message:

From: Kathy Holian
Date: May 19, 2011 4:07:21 PM MDT
To: Undisclosed-recipients: <>;
Subject: Fire Safety and Evacuation Information

Dear Santa Fe County residents,

I asked Martin Vigil, who is the County Emergency Preparedness Coordinator, about the issue of evacuation plans in the case of a wildland fire. I am including his response verbatim below. He makes some good points about each situation being unique. This makes it difficult to have a written evacuation plan for each area.

I think that it is a good idea for all communities (especially those that are particularly at risk) to make some plans of their own. Phone trees are a great idea. In some cases, the best thing to do will be to shelter in place. And, in others, evacuating immediately will be a better course of action.

I am always glad to set up community meetings if folks would like to learn more. Martin would also be delighted to attend and bring information, as would our Fire Department personnel.

I would also like to add a note of recognition for our Fire Department. They have fought several fires recently that were quite dangerous and could easily have gotten out of control. Their performance under difficult conditions was incredibly professional. We are very fortunate to have such a force. And, I would like to give special kudos to our Hondo Volunteer Department. They were on the front lines.

Sincerely,
-Kathy



From Martin Vigil:

1. Wildfire literature has been provided throughout the County on literature racks and desks in various County Buildings. We collaborated with the City to produce a City/County Brochure that was mailed out three years ago. If I recall several thousand went out. I have conducted many community outreach tables over the years and bring an entire emergency management display which includes wildfire preparedness. El Dorado Preparedness Fair, SF County Fair, St. Vincent Safety Safari, Tesuque Pueblo Health Fair, and Santa Fe Place Mall Preparedness Fair were some of the larger events.

2. Santa Fe County has a Community Wildfire Protection Plan reviewed & accepted by the Governor's Taskforce on Fire Management. Both Apache Ridge & La Barbaria are addressed in this document. Community meetings are a requirement in developing this plan. Over two thousand individual fire risk assessments have been made. Our Wildland division has had significant activity in community outreach, fuels reduction, chipper days and this year we have stood up a 10 person Hand Crew with the Santa Fe County Fire Department. This crew played a significant response role at the Las Vegas Fire in Hondo's District on Mother's Day.

3. Just yesterday, I watched a program on the community access channel with our Fire Prevention Division and Kristine Mihelcic. Wildland Fire Prevention was the topic of discussion. This program was followed by a 10 Step Wildland Fire Preparedness video.

4. The topic of Escape Routes will continue to come up from your constituents. We will not publish pre-event escape routes to follow for a very specific reason - fire behavior cannot be predicted. Example: If you lived off of Bishops Lodge Road and we published an escape route that advised residents in a given area to proceed down Bishops Lodge Road because it was the shortest distance out to Tesuque Village Road, and a wind driven fire breaks out down canyon, we have just sent these residents into the fire! We cannot predict where a fire will originate, what the fire behavior will be (due to a long list of variables), or how the weather will play into the scenario at that given moment. The Incident Commander will have to take all of this information and make the best decision for evacuation as each incident unfolds.

5. One of the most informative web sites is a program that is being piloted by the International Association of Fire Chief's. The Ready, Set, Go program. New Mexico is not one of the pilot states. If residents Google:" City of Prescott ready set go plan " they will obtain this information. They can find additional information on the County Fire Department's wildland division web site: www.sfcfire-wildland.com

6. As a closing note, I wish you could have witnessed the response Santa Fe County provided this past week. We fought three very large, fast moving wildland fires. We had no injuries and only one structure was lost. Upwards of twenty structures could have been lost. We deployed over fifty firefighters and thirty pieces of fire apparatus to the Las Vegas Fire which occurred on Mother's Day in Hondo. The City Fire Department, State Forestry, US Forest Service and the Sheriff's Department also responded. A Unified Command System was established. This fire broke out at 2:00pm and continued through the next day at sundown. Only one structure was lost, which had no defensible space around it. Our firefighters put themselves in harm's way and stopped the fire literally at door steps on several structures. Because the first priority was to protect lives and property, we didn't quite get the evacuation message out perfectly in the midst of this chaos. I wish you could have seen how many people refused to evacuate in the midst of a firestorm.





-Kathy Holian
4 Camino Cielo Azul
Santa Fe, NM 87508
505-995-9979
Kathleen.Holian@comcast.net