Press Room

Communities Against a Radioactive Environment

LIVERMORE LAB WATCHDOG GROUP CHALLENGES BIO-WARFARE AGENT RESEARCH
Jan12
Release Date: 
1-11-12

For Immediate Release,

LIVERMORE LAB WATCHDOG GROUP CHALLENGES BIO-WARFARE AGENT RESEARCH;

 

Charges Failure to Analyze Potential Terrorist Attack, Requests Court Suspend Dangerous Operations

 

Who:               Tri-Valley CAREs (Communities Against a Radioactive Environment)

What:              Hearing of Oral Arguments before the 9th Circuit Court of Appeals

When:              Wednesday, January 11, 2012, 9:30 A.M.

 

Where:             James R. Browning US Courthouse - 9th Circuit;

95 Seventh Street; San Francisco, CA

Why:   The Livermore, CA-based Tri-Valley CAREs filed an appeal to the Ninth Circuit Court challenging the U.S. Dept. of Energy’s (DOE) continued operation of a controversial bio-warfare agent facility at Livermore Lab without proper environmental review.

The bio-warfare agent research facility, a Biosafety Level-3 (BSL-3), houses dangerous experiments with live anthrax, plague, Q fever and dozens of other potentially lethal pathogens. Some of these bio-agents will be aerosolized for use on small animals (up to 100 at a time) to ascertain how effective the agents would be in killing humans.

Further, the Livermore Lab BSL-3 is authorized to conduct experiments with genetically modified bio-agents of potentially novel (and unknown) virulence.

Tri-Valley CAREs has been litigating to halt operations and obtain appropriate environmental review of the facility since 2003.

Tri-Valley CAREs' Staff Attorney, Scott Yundt will present the group's oral argument to the Ninth Circuit Court. He explains, "We are challenging this BSL-3 because the DOE failed to adequately analyze the catastrophic consequences it could have on Lab workers and the surrounding communities."

Yundt continued, "In Tri-Valley CAREs' initial lawsuit against the facility, the Ninth Circuit Court of Appeals ordered DOE to go back to the drawing board to consider the impacts of a terrorist attack on human and environmental health, as required by the National Environmental Policy Act. As I will explain in oral argument to the Court, the DOE did not comply with the Court's prior Order - or the law."

Tri-Valley CAREs, in its written briefs and upcoming oral argument, is asking the Ninth Circuit Court to compel DOE to undertake an in-depth analysis in a full Environmental Impact Statement with public hearings.

The group will also request that the Ninth Circuit Court suspend operation of the BSL-3 until such time as it can demonstrate compliance with the law.  ###