Judge dismisses legal challenge to Anniston weapons incinerator

The Associated Press
March 22, 2005

A federal court has turned aside a legal challenge to the Army's chemical weapons incinerator at Anniston Army Depot, dismissing claims that it poses a health and environmental threat to the populated area.

U.S. District Judge David Proctor ruled to keep the incinerator open, saying the methods the Anniston Army Depot uses to destroy sarin nerve agent and dispose of hazardous waste have been approved by its 1997 government-issued permit.

"This has once again vindicated to the Army that incineration is a safe and proven technology," Greg Mahall, spokesman for the Army Chemical Material Agency, said Tuesday. "We're very confident in the technology."

The Aberdeen, Md.-based federal agency oversees operations at the nation's three working incinerators in Alabama, Oregon and Utah, with a fourth scheduled to begin work in Pine Bluff, Ark., on March 29.

A coalition of Anniston residents, civil rights and environmental groups filed the 2002 Anniston lawsuit, which claimed the incinerator would release nerve and blister agents, PCBs and other chemical compounds that would contaminate nearby "air, water, land and food sources" in the Anniston area - where about 35,000 people live within nine miles of the plant.

Members of the Families Concerned About Nerve Gas Incineration, Coosa River Basin Initiative and Chemical Weapons Working Group and eight other advocacy groups listed as plaintiffs in the suit said they would consider appealing Proctor's summary judgment, meaning he ruled on the case before the case went to trial.

"We deserve the opportunity to have a trial to bring the evidence," said Craig Williams, head of the Berea, Ky.-based Chemical Weapons Working Group.

Proctor, in his 48-page ruling Monday, said the plaintiff's claims of environmental violations by the army depot "are nothing more than a thinly veiled effort to collaterally challenge the conditions of the permit."

Proctor pointed out, for example, that despite claims that there "is a problem with mercury emissions" at the incinerator, the environmentalist provided no evidence that the emissions exceed the amount allowed in the permit.

The environmentalists also argued that a citation issued by the Alabama Department of Environmental Management in August was proof that the incinerator was not in compliance with its permit. The department cited the Army for nine permit violations. But Proctor dismissed their arguments, saying the violations observed by ADEM were not relevant to the current lawsuit regarding waste disposal and toxic emissions.

The lawsuit is one of more than 20 that have been filed against U.S. incinerator operations over the past two decades, Mahall said.

Both sides agree that the majority of court rulings have favored the government.

"It's a David and Goliath exercise to begin with," Williams said. "But just because there have been repetitious decisions finding in their favor doesn't mean what they're doing is acceptable."

The Anniston incinerator opened in August 2003 and has destroyed more than 42,000 sarin-filled rockers, 11,500 sarin-filled projectiles and 65,000 gallons of liquid sarin.

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On the Net:

Anniston Army Depot at www.anad.army.mil

Army Chemical Materials Agency at www.cma.army.mil

Chemical Weapons Working Group at www.cwwg.org