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Anti-nuclear group sues Santa Fe for slow records response

By Scott Wyland swyland@sfnewmexican.com
May 6, 2024

A longtime anti-nuclear group has sued the city of Santa Fe, claiming it violated the public records law with its slow response to a request for emails about Los Alamos National Laboratory’s possible plans for developing a mini-campus.

Los Alamos Study Group, which staunchly opposes the lab’s nuclear weapons program, has filed a complaint in state District Court, claiming the city has failed to comply with the Inspection of Public Records Act by not providing in a timely manner a year’s worth of its emails with the lab, the U.S. Energy Department and the National Nuclear Security Administration.

The lab floated the possibility of building a satellite campus in either Santa Fe or Bernalillo County to create workspace for its growing labor force on the Pajarito Plateau. Last year, a lab official said during a presentation the project was uncertain and awaiting the nuclear security agency to approve it.

Greg Mello, executive director of the anti-nuclear group, has criticized the lab for establishing offices in Santa Fe, contending even support services are tied to its goal to build 30 plutonium warhead triggers, or pits, a year by 2030.

A mini-campus would be part of the same mission, he said, which is why he wants to see whether email correspondence between city, lab and nuclear security officials indicates how likely Santa Fe is for the proposed complex.

“We are wondering what is taking so long,” Mello said.

In January, the group asked for emails between the city and the federal agencies for the previous year, and so far have received communications sent in January and part of February in 2023, Mello said. He characterized those emails as imparting nothing significant.

“We still don’t know anything, basically,” he said.

City Attorney Erin McSherry said there has been no deliberate effort to stall the emails delivered to Mello. The city’s small team, which handles IPRA filings, is overloaded with the high volume of requests, McSherry added.

“We did not do deliberate foot-dragging,” McSherry said.

Working with the group, workers winnowed the volume of messages to 1,227 and have sent Mello three batches so far, she said.

Last year, the city received more than 8,300 records requests, and this year it’s on pace to handle about 10,400, she said. That’s compared with the 12,000 requests made in Albuquerque, a city with 6½ times the population of Santa Fe, she said.

On top of that, the city’s IPRA team is down two staffers, she added.

In an email, McSherry passed along a statement from the state Justice Department that said: “Based on our review of your response, the City appears to have fully complied with IPRA in response to this request by ultimately providing all responsive documents.”

The department added the sheer volume of IPRA requests the city has received is grounds for extensions of the 15-day response time otherwise required under the law.

Still, the city has had trouble providing documents the public seeks.

Last year, it paid $300,000 to a former police officer who filed multiple lawsuits alleging the city withheld records on complaints to police internal affairs.

Although federal officials are guarded about giving specifics about the possible mini-campus, Mello said lab Director Thom Mason at a recent nuclear deterrence summit in Washington, D.C., referred to Santa Fe’s south side as having room to develop a satellite campus and housing for employees.

Mason never mentioned Bernalillo or anywhere else as possibilities, Mello said, adding the emphasis on Santa Fe has piqued his curiosity even more.

The lab now leases 77,000 square feet, at Pacheco Street and St. Michael’s Drive, and about about 28,000 square feet in the downtown Firestone Building, which had housed Descartes Labs, at Guadalupe and West Alameda streets.

The off-campus sites are intended both to ease congestion on the hill and to reduce commuting distance for workers, most of whom live outside Los Alamos County.

If the mini-campus gets the go-ahead, it would materialize in relatively small increments in the coming years, officials say. They won’t disclose the kind of work that would be done there but have said some space might go to Albuquerque-based Sandia Laboratories, which is experiencing similar overcrowding.

Mello said he felt compelled to make the IPRA request because he couldn’t trust the city to be forthcoming about real estate deals or zoning changes linked to the proposed mini-campus.

“The city is not very transparent in general,” he said.


Published comments by Greg Mello

Thank you for writing about this, Scott, and accurately too. It really shouldn't be necessary to file an IPRA for this information, let alone petition a judge to enforce the law. Part of the problem is the way the City administration has been doing business overall, which is unnecessarily high-handed and opaque. The other and more mysterious part is that all things related to "the lab" tend to get a political shroud placed over them. We are very concerned about the formal as well as the informal "federalization" of the State and the City. We don't want the National Nuclear Security Administration to be the entity which establishes the template for economic and cultural (de-)development in the region.

From a previous IPRA, we know that the Mayor met secretly a few years back in a private home with LANL, UNM, Sandia, and others, to discuss a potential huge development in SW Santa Fe, along with sister developments in Albuquerque and Los Alamos. Recall that NNSA had already proposed to buy the entire Midtown property from the City, as-is, to develop as a national nuclear weapons center. Full federal approval was already in hand. Thankfully that proposal was not accepted.

This year, in addition to the LANL director's statements about possibly developing a new campus in Santa Fe, the top NNSA official in New Mexico told us NNSA was looking for a site for a new laboratory campus, and yes they were looking in Santa Fe, possibly with a nuclear weapons component manufacturing aspect.

About two years ago, LANL attempted to lease a facility in Santa Fe in which the lab sought to build a "wet" Biological Safety Level 2 laboratory to study dangerous pathogens. There was zero public process. Negotiations broke down and the idea appears to be dead -- in Santa Fe at least.

Despite this very serious level of planning, Santa Fe residents and indeed the City Council are as far as we know completely in the dark about LANL's plans.

Meanwhile the City is looking the other way while LANL slowly proceeds to try to make itself into a plutonium warhead core ("pit") factory, in what is already the largest project in New Mexico history, with important spillover effects in Santa Fe. NNSA's figures imply that this factory will cost, in total, some $22 billion by the time installations are complete in 2032. Each pit made will cost in the neighborhood of $100 million, in what must be one of the largest boondoggles in the history of the U.S. This will be a temporary factory, senior Senate professional staff tell us. So the war machine lumbers on, burning money by the truckload, while debt piles up and society's real needs go unmet.


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