Lab faces pathogens suit

0 Comments | Oakland Tribune, Mar 12, 2008 | by Betsy Mason

A nuclear watchdog group filed suit Monday to stop Lawrence Livermore National Laboratory from operating a Biosafety Level 3 lab that conducts research on deadly pathogens such as anthrax, bird flu and West Nile virus.

Livermore-based Tri-Valley Communities Against a Radioactive Environments' lawsuit claims the Department of Energy began work at the lab without a full environmental impact statement that assesses the potential for a terrorist attack and without the required public comment process.

"The DOE has refused to do an adequate analysis of the risks posed by this bio-warfare research facility," said Marylia Kelley, executive director of Tri-Valley CAREs. "And the risks are extreme."

The Department of Energy has agreed to "bring the matter before the court as expeditiously as possible," spokesman John Belluardo said. "We're going to file a response to the plaintiff's motion by March 26."

This is the second suit the group has filed to stop the

BSL-3 lab from operating.

The first suit, filed jointly in 2003 with Nuclear Watch New Mexico, originally included a planned BSL-3 lab at Los Alamos National Laboratory. But the New Mexico lab was dropped from the suit when the Department of Energy decided to do a full environmental impact statement, which is currently in process.

In 2006, the 9th U.S. Circuit Court of Appeals ordered the Department of Energy to assess the potential for terrorist attacks for Livermore's BSL-3 lab. The department's review concluded there was no significant threat.

On Jan. 25, Livermore began work in the lab which allows scientists to test detection devices being developed at the lab against the pathogens they are designed to identify. Previously, testing had to be done elsewhere, or with less dangerous strains of the microorganisms.

Studies on deadly viruses such as HIV and tuberculosis also can be done in the new facility. Researchers also will use the new lab to study how the various pathogens attack animals, such as mice, in order to develop interventions and treatments for humans.

In addition to being an attractive target for terrorists, Kelley says the revelation in October that anthrax shipped by Livermore Lab in 2005 was improperly packed resulting in two open vials, is proof that the lab can't be trusted to protect the public from the deadly pathogens that will be shipped in and out of the lab.

Betsy Mason covers science and the national laboratories.