Disarmament Diplomacy

Issue No. 56, April 2001

US Court Questions NIF

On March 28, a US Federal Court provisionally upheld a complaint by two non-governmental organizations, the Natural Resources Defense Council (NRDC) and Tri-Valley CAREs, that the Department of Energy's review of its National Ignition Facility (NIF) laser project is biased and thus in violation of the Federal Advisory Committee Act (FACA). The NIF project, based at the Lawrence Livermore National Laboratory (LLNL) at the University of California, aims to use the energy generated by 192 lasers to simulate certain conditions present in a thermonuclear detonation, thus contributing to the US Stockpile Stewardship Program (SSP). It has, however, been dogged by controversy regarding its technology, costs and management.

The preliminary injunction issued by the Court bars the Department of Energy "from further funding, supporting, or permitting work" related to implementing the recommendations of the Department's NIF Status Review Committee. According to NRDC Senior Researcher Christopher Paine: "Today's order vindicates NRDC's contention that DIE has continually violated FACA in its efforts to avoid an open and unbiased review that would expose the serious flaws in the NIF project... We hope that Congress will take note of this fact, take a close look at alternatives to completing the project that will reduce its huge financial and technical risks, and reconsider its priority within the overall Stockpile Stewardship Program." On March 30, Democratic Senator Tom Harkin noted: "This court injunction suggests that DOE's review is not independent and is not even legal... We should not continue to pour money into NIF without a rigorous, independent review."

On April 9, the DOE submitted a report to Congress setting out details of the project's current status. The report included a certification from General John Gordon, Director of the National Nuclear Security Administration (NNSA), that the project was now back on course after its many setbacks and interruptions. In General Gordon's words: "[T]he NIF project team is capable of managing the project so as to assure a high probability of successful execution". However, the report also noted that the final costs, timeline and scope of the project would not become known under the new administration has completed its various reviews relating to US strategic security requirements, including the requirements of the SSP.

Reports: Public interest groups convince US court to halt biased reviews of National Ignition facility Project, Natural Resources Defense Council Press Release, March 28; Judge blocks rubberstamp of National Ignition facility mega-laser, Tri-Valley CAREs Press Release, March 28; Laser project hits a snag - court hints at conflict, New York Times, March 30; Battle over 'monster laser' heats up, Scripps Howard News Service, April 1; Lab laser funding in limbo, Contra Costa Times, April 13.