WIPP LITIGATION 2012-2022

PERMIT LITIGATION (Updated 01/12/2022)

New Shaft #5
On November 8, 2021, SRIC and Cynthia Weehler filed an appeal of the NMED Secretary's approval of the new shaft permit modification.

• On November 9, 2021, SRIC filed a Motion for Stay Pending Appeal with the NMED Secretary to prevent re-start of construction of the new shaft.
• On November 22, 2021, the NMED Hazardous Waste Bureau and DOE filed their Responses in Opposition to the Motion for Stay.
• On November 29, 2021, SRIC filed its Reply in Support of the Motion for Stay.
• On December 6, 2021, SRIC filed its Docketing Statement.
• On January 12, 2022, SRIC filed its Motion for Stay with the NM Court of Appeals.
• On March 5, 2022, SRIC filed its Reply Brief with the New Mexico Court of Appeals.

Temporary Authorization Request — Shaft #5
On January 16, 2020, the Co-permittees submitted a Temporary Authorization request to begin construction on the new shaft #5.
https://wipp.energy.gov/Library/Information_Repository_A/Extensions_of_Time/20-0201_Letter_Redacted.pdf

• On January 27, SRIC submitted its letter of opposition to the Temporary Authorization.
• On April 24, NMED approved the Temporary Authorization Request.
• On April 27, SRIC filed a Motion with NMED to stay the approval. (See also, affidavit by Steve Zappe.)
• On April 27, NMED denied the Motion for Stay.
• On April 27, SRIC filed an Appeal with the New Mexico Court of Appeals.
• On June 11, 2020, the Court of Appeals dismissed the appeal.
• On June 30, 2020, SRIC filed in the New Mexico Supreme Court two appeals against the new shaft. A Petition for Certiorari asks the Court to hear an appeal of the dismissal. A Verified Petition for Mandamus requests that the Court direct the NMED to withdraw the Temporary Authorization.
• On July 22, 2020, SRIC filed its replies for the Writ of Mandamus and Writ of Certiorari.
• On September 17, 2020, the New Mexico Supreme Court issued its Order that affirms the Court of Appeal's dismissal decision of June 11.

Volume of Record
On November 9, 2021, the New Mexico Court of Appeals ruled against the SRIC and Nuclear Watch Appeal of the "Volume of Record", thereby affirming the NMED decision to approve that permit modification.

SHIELDED CONTAINER (Updated 7/24/14)

UPDATE: DOE has announced that the first shipment of shielded containers will be on September 12 from Argonne National Laboratory near Chicago. This date was not known when SRIC filed its "Motion for Stay."

The Court is aware of the September 12 date, but we do not know whether it will issue a decision before that date. (9/6/13)

• Press Release: Appeal Filed to Stop More "Hot" Waste at WIPP (11/16/2012)
• Notice of Appeal in the New Mexico Court of Appeals: In the Matter of the Class 2 Modification for Shielded Containers for Remote-Handled Transuranic Waste at the Waste Isolation Pilot Plant (11/16/2012)
• Citizen Appellants' Motion for Stay Pending Appeal to the New Mexico Environment Department (11/16/2012)
• "BRIEF IN CHIEF FOR CITIZEN APPELLANTS" filed in the New Mexico Court of Appeals (4/10/13)
• "REPLY BRIEF FOR CITIZEN APPELLANTS" filed in the New Mexico Court of Appeals (7/23/13)
• "MOTION FOR STAY" to prevent shielded containers from coming to WIPP until the New Mexico Court of Appeals makes its final decision (8/9/13)
• The New Mexico Court of Appeals issued its final order, denying the appeal. The decision allows shielded containers to be used, if WIPP re-opens. (7/11/14)

BACKGROUND: Disposal of remote-handled (RH) waste in shielded containers. DOE has re-submitted a permit modification request to the New Mexico Environment Department (NMED). This follows their request in 2011 (see documents below). The Modification Request was submitted on 7/5/2012.

• SRIC Comments on WIPP Class 2 Permit Modification Request – Addition of a Shielded Container (9/10/12)
• Fact Sheet: More "Hot" Waste Planned for WIPP (7/20/2012) Deadline for written comments: September 10, 2012.
• NMED's Denial (1/31/2012)
• SRIC Comments re: Shielded Containers (12/5/2011)
• Shielded Container Fact Sheet (2011)