In a hearing in Birmingham, U.S. District Judge David Proctor requested briefs from both side and said he will decide the case without a trial.
"I will say that my inclination is toward the defense, though," Proctor said.
In the hearing that stretched until almost 6 p.m., plantiffs' attorney Mick Garrison argued the Army violated its Alabama Department of Environmental Management's permit to burn weapons. The violations occurred because of faulty regulations and inadequate provisions that could lead to the release of toxic chemicals, including mercury, into Anniston's air, the complaint said.
Garrison claimed the weapons being incinerated have never been tested for their potential toxic release, despite "trial burns" using substitute materials required during the permit process.
If Proctor determines the incinerator violated its permit, then Army officials could be issued a warning or be ordered to temporarily close the facility.
"We should win this argument and we should prevail," said Garrison.
Garrison fought on behalf of several statewide environmental groups, including the Sierra Club, Families Concerned About Nerve Gas Incineration, Serving Alabama's Future Environment, the Coosa River Basin Initiative, Citizens for Environmental Justice and eight other groups.
U.S. Justice Department attorney Norman Rave — who missed a flight back to Washington because of the long hearing — maintained the Army has not violated its permit, and in fact, Garrison's complaint started before permits were finalized.
At one point, Proctor seemed to agree, saying "no matter what the permit said, we'd still be here," often asking why the plaintiffs did not take their case before ADEM and request enforcement of its regulations. Garrison replied that the state was not enforcing its regulations, indicating his clients had "no confidence in the state's inclination to do so."
Arguments continued to volley between Proctor and Garrison, with the judge occasionally accusing the plantiffs' attorney of avoiding straightforward answers.
"You're dancing," he said to Garrison, referencing a lack of "elementary" question-and-answer protocols.
Garrison rarely answered a question with a simple "yes" or "no," instead emphasizing several points he thought should be considered first, including a situation in Utah, where a similar plant leaked toxic chemicals because of faulty regulations.
To environmentalist Judy Collins Cumbee, tedious court cases only cloud the issue of possible chemical contamination.
"Legal matters such as these seem to prevent everyone from seeing the bigger picture," she said.
Collins Cumbee is a member of the Alabama New South Coalition, a political group concerned with environmental justice and human rights. She said she attended the hearing "because I care about the people in this state."
"The people in Anniston are sick," she said. "They suffer, and they are getting tired of arguing (for justice)."
The argument over the incinerator's permit proved tiring for many of the Sierra Club's supporters.
Throughout the hearing, the crowd that had silently gathered in support dissipated, leaving the room empty except for court staff, five lawyers for the defense and Garrison.