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Tri-Valley CAREs just lost its lawsuit to block the construction of a

BSL-3 facility at the Livermore nuclear weapons lab. As I mentioned in a

previous message, this BSL-3 laboratory (which just got the green light

from a federal district court judge) will work with some of the most

deadly and dangerous bio-agents in the world, including anthrax, HIV, and

the plague. And of course, they will use mice, rats, guinea pigs, and

potentially other animals for this research.

 

Tri-Valley CAREs is considering appealing the decision to the 9th circuit.

If any lawyers are interested in donating their services pro bono to help

with the appeal, please contact Marylia Kelley, executive director of Tri-

Valley CAREs, or Loulena Miles, staff attorney, both at 925-443-7148.

Lawyers with litigation experience under the National Environmental Policy

Act are ideal, but anyone interested in helping is welcomed.

 

For non-lawyers, please keep your attention out for upcoming lab

demonstrations. Vigil for Animals is considering a Livermore vigil, and

Tri-Valley CAREs has frequent events to fight the nuclear weapons

complex, and the expansion into biological agent research at the Lab.

Anyone interested in getting involved in fighting the Lab should call the

number above.

 

Please see below for an article on the circuit court ruling.

 

Thank you,

Matthew Liebman

 

 

 

http://www.contracostatimes.com/mld/cctimes/news/world/9658787.htm?1c

 

Posted on Tue, Sep. 14, 2004

 

 

Court OKs Livermore biosafety lab

 

By Sam Richards and Chris Metinko

 

CONTRA COSTA TIMES

 

A federal judge has cleared the way for Lawrence Livermore Laboratory

to begin work in a " hot lab " where germs that cause anthrax and other

deadly diseases will be studied.

 

Steve Wampler, a lab spokesman, said the nearly 1,600-square-foot

facility has been under construction since December, but needed

Friday's ruling by U.S. District Judge Saundra Brown Armstrong to

begin work there.

 

" We're very pleased with the decision, " said Wampler. " This is

something that's important. Having a biosafety facility here is

critical. "

 

But representatives of groups that have been trying to the block the

" Biosafety Level 3 " facility, said Monday they likely will appeal in

the next few weeks. They claim federal Judge Saundra Armstrong didn't

use all available safety information to make her ruling.

 

" We're disappointed (Armstrong) gave such hard deference to DOE, "

said Marylia Kelley, executive director of Tri Valley Citizens

Against a Radioactive Environment. " We feel the court should have

taken a more critical look at (the Energy Department's) assertions. "

 

Armstrong ruled that the DOE's environmental assessment for the

facility is sufficient.

 

The Tri-Valley CAREs watchdog group was among several plaintiffs who

sued the lab and the Energy Department in August 2003, claiming more

environmental safety studies should be required before scientific

work could begin there.

 

In December, Armstrong issued an order prohibiting shipments of

biological agents -- botulism, Q fever, the plague, anthrax, rabbit

fever and valley fever -- to Livermore, and the BSL-3 facility, until

her final decision was made.

 

Wampler said a Biosafety Level 2 lab -- which is not as well equipped

to work with more virulent strains -- now operates at Livermore lab

and was useful in helping develop a much faster way to detect plague.

That test, which cut down detection time to less than four hours

rather than seven to 10 days, was used to help combat a breakout near

Flagstaff, Ariz., in 2001.

 

On Monday, Wampler reiterated the lab's long-standing position that

to find ways to better battle such volatile and dangerous diseases,

those viruses and germs need to be studied and handled.

 

" When somebody is exposed to plague or anthrax, the more quickly it

is detected, the more likely that person is to survive, " Wampler said.

 

Opponents of the BSL-3 center don't dispute that idea. But Kelley

said her group has advocated for BSL-3 studies be carried out at a

Centers for Disease Control facility, perhaps the one in Fort

Collins, Colo.

 

Also, CDC concentrates on health research, while the Livermore lab's

primary mission is defense, she said. Watchdogs are wary of such

pathogens -- particularly if converted to aerosol form -- being used

in weapons research, she said.

 

Wampler said the BSL-3 lab will cost about $2.5 million, and should

be completed over the next several months.

ends

 

Marylia Kelley

Executive Director

Tri-Valley CAREs

(Communities Against a Radioactive Environment)

2582 Old First Street

Livermore, CA USA 94551

 

<http://www.trivalleycares.org> - is our web site address. Please visit us

there!

 

(925) 443-7148 - is our phone

(925) 443-0177 - is our fax

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