The Eastern Progress
Eastern Kentucky University
March 27, 2003

Army Lawsuit

By Alisha Hockensmith/Assistant News editor
A Berea organization is taking on the United States Army in a fight to protect other states.

The Chemical Weapons Working Group in Berea is the first named plaintiff listed in a lawsuit filed by multiple organizations against the Army on March 11.

The lawsuit, which was filed in Federal District Court in Washington, D.C., claims the Army has not given four of the eight chemical weapon stockpile sites in the United States alternative options to incineration.

The lawsuit claims the Army has "failed to adequately assess and compare the impacts from the incineration of chemical warfare agents with non-incineration alternatives or combinations of incineration and non-incineration technologies at the Alabama, Arkansas, Oregon, and Utah sites."

Kentucky, Maryland, Indiana and Colorado contain the remaining four sites with chemical weapons stockpiles who decided against incineration after hearing their options. The Blue Grass Army Depot here in Richmond recently decided they would destroy their chemical weapon stockpile by neutralization following years of debate.

"The case revolves around the fact the (other) four sites have never been able to evaluate and compare the opportunity that we have been given," said Craig Williams, director of the Chemical Weapons Working Group.

The organizations involved in the lawsuit say the Army is violating the National Environmental Policy Act (NEPA) by not giving the other four sites information on non-incineration options.

The organizations say reports on incineration not meeting safety standards is reason enough to force the Army to give the other four sites options.

"The unacceptable performance of the existing incinerators, even after hundreds of major modifications to their original designs, coupled with the Army's own acceptance of safer disposal options at four sites clearly meets the NEPA requirements for a supplemental study," Williams said.

If there is new or significant information available that directly affects a major decision, then under the NEPA the other sites are required by law to be presented with comparable alternatives, Williams said.

Those involved in the suit point to many hazards involved with incinerating chemical weapons.

"The incineration of these chemical warfare agents will result in the uncontrolled release of many tons of hazardous air pollutants, including harmful quantities of chemical warfare agents, dioxins, polychlorinated biphenyls (PCBs), lead, mercury, arsenic, and other dangerous substances," as stated in the lawsuit.

Nineteen plaintiffs are listed in the lawsuit. Williams said there were originally 21, but two were removed due to a clerical error. He said the suit will be amended to add the other two and expects even more organizations will be added as plaintiffs at that time.