Livermore lab watchdog group appeals decision to allow research on bioterror agents

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Livermore lab watchdog group appeals decision to allow research on bioterror agents
By Suzanne Bohan
Contra Costa Times
03/11/2011 11:01:09 PM PST

Tri-Valley CAREs, a Lawrence Livermore Laboratory watchdog group, on Friday appealed a district court's ruling that Lawrence Livermore Laboratory can study deadly pathogens such as anthrax.

The appeal, filed with the Ninth Circuit Court of Appeals, challenges a September ruling of the U.S. District Court in Oakland that permits the Department of Energy to proceed with research at secured facility called Biosafety Level-3, or BSL-3. The Energy Department oversees the national security lab.

The research involves the study of microbes such as anthrax, plague, Q fever and other deadly pathogens.

The group is requesting that the appeals court reverse the earlier ruling and require a comprehensive environmental assessment before the research with the microbes continues. Tri-Valley CAREs describes the work as "biowarfare research."

A lab spokesman strenuously objected to the characterization.

Biowarfare research is illegal under a convention signed by the United States, said Steve Wampler.

Instead, he said, the biosafety researchers seek new technologies for detecting these pathogens, including in public places such as train terminals.

"What we are trying to do is develop bio-detection technology to protect and help innocent civilians," he said.

Earlier court decisions have affirmed the safety of the facility, he said. "This is probably one of the best-protected BSL-3 facilities in the country," he said. "We have protective service officers, we have fences, we have limited access to the building to only a few people."

A Tri-Valley CAREs attorney said the government's own analysis indicates the danger level.

An Energy Department study found sabotage or terrorism a low probability but also found that a hostile breach of the facility could have devastating consequences, said attorney Scott Yundt.

The analysis "acknowledged potentially great consequences of an act if it were to occur, but failed to analyze those consequences," Yundt said.