“MIXING BUGS AND BOMBS”An analysis of the growing biodefense footprint within the U.S. Department of Energy Nuclear Weapons Complex and

the Implications for Policy and Public Health

byMarylia Kelley

Executive DirectorTri-Valley CAREs

Livermore, CAwww.trivalleycares.org

forAmerican Public Health Association Annual Meeting

Monday, October 27, 2008

Presenter Disclosures

(1) The following personal financial relationships with commercial interests relevant to this presentation existed during the last 12 months: No relationships to disclose

About Tri-Valley CAREs Founded in 1983; twenty-five years monitoring the nuclear

weapons complex

Expanded focus to include biodefense in 2001 when the U.S. Department of Energy (DOE) unveiled plans to collocate advanced biowarfare agent research with nuclear weapons at its Lawrence Livermore (CA) and Los Alamos (NM) weapon design laboratories

Organizational methods include research, technical analysis, public education, political advocacy and litigation

More information at www.trivalleycares.org

DOE Biowarfare Agent Research

“Build” and operate a Biosafety Level 3 (BSL-3) in a portable building placed in a parking lot at Livermore Lab; proceeding on the basis of a cursory “environmental assessment” (EA)

Genetic modification, aerosol experiments, 50 liters

Build and operate a BSL-3 in a conventional structure at Los Alamos Lab; originally proceeding on the basis of an EA, now preparing a full “environmental impact statement” (EIS)

Growing DOE / Department of Homeland Security interface (NBACC West and more)

Implications for the International Biological Weapons Convention (BWC)

Dual use dilemma mixing bugs and bombs

Transparency issues at classified nuclear weapons labs

Limitations of Livermore Lab Institutional Biosafety Committee (IBC)

Potential impact on negotiation of stringent verification and enforcement protocols for the BWC

Tri-Valley CAREs at the Meetings of States Parties to the BWC

Select Local and Regional Hazards

DOE history of accidents, spills and releases

Livermore Lab mishandles anthrax in BSL-2, breaks law, exposes workers, fails public disclosure and garners then-largest fine levied

Additional risks posed by BSL-3 pathogens in Livermore

Instructive examples from other U.S., international labs

Landmark Litigation Under the National Environmental Policy Act

Suit filed against Livermore, Los Alamos BSL-3s in 2003

Differing outcomes; DOE agrees to EIS for Los Alamos, Ninth Circuit Court of Appeals decision requires terrorism analysis for Livermore Lab BSL-3

Inadequacy of DOE’s terrorism analysis

New litigation filed in 2008

Next steps, examples of expertise sought

Concluding Remarks

Implications of mixing bugs and bombs for U.S. policy

Relevance for public health professionals

Questions of public health funding decisions

Impacts on communities across the country – and some of the creative, resourceful public responses to date