138th Year... and still on the job!	Wednesday May 09, 2007

Suit seeks to stop shipments of nerve agent wastewater



By JOHN NORTON
THE PUEBLO CHIEFTAN

Groups in Indiana and Texas have filed suit in a Terre Haute, Ind., federal court to block any more shipments of nerve agent wastewater to Texas.

Two national organizations, the Sierra Club and the Chemical Weapons Working Group, joined local groups and individuals in filing the suit. They accused the U.S. Army of violating the federal Resource, Conservation and Recovery Act and that the shipments pose "an imminent and substantial endangerment to the public health and the environment." Under the act, citizens are allowed to sue if they believe actions by anyone, including the U.S. Government may present such endangerment.

The Army is sending the hydrolysate, wastewater from the neutralization of VX nerve agent at the Newport, Ind., Army Depot to a plant in Port Arthur, Texas, for incineration.

Mick Harrison, lead attorney for the groups, said that the action warrants a lawsuit. "Clearly the shipment and incineration of the materials in question cross that threshold," he said.

"Workers at the Indiana facility have alleged that the Army has intentionally characterized the waste as containing a lower percentage of VX than it actually does. Such misrepresentation not only violates the law, but increases the risk of harm to citizens in both states and all along the 900-mile transportation route. It's a real recipe for disaster," he said.

The complaint asks for a court order halting the shipments. Craig Williams, director of the Berea, Ky.-based Chemical Weapons Working Group coalition, said, "Shipping VX-containing material to Texas to burn is in breach of so many laws and regulations that we are asking the court to immediately stop these activities until we can present the full breadth of evidence surrounding our contentions."

Ross Vincent, a senior policy advisor for the Sierra Club said, "Frankly, we are baffled by the Army's continued struggle with reality at Newport. They have wasted at least four years and untold millions of taxpayer dollars by attempting to put VX hydrolysate on the public highways and force it down the throats of a succession of distant unwilling communities."

Vincent is a member of the Colorado Chemical Demilitarization Citizens Advisory Commission, which has opposed the Defense Department's proposal to ship mustard agent hydrolysate from the Pueblo Chemical Depot instead of treating it on-site.

Of the Newport situation, Vincent said, "They could have done it faster, safer and cheaper on-site, in a willing community, and enjoyed widespread public support. Instead, they have chosen to ignore multiple laws and to endanger public health and safety unnecessarily. I am confident that several of the issues raised in the suit address the Army's ignoring of these options, and it is my belief we will prevail once the court has a chance to review these issues."