CHEMICAL WEAPONS WORKING
GROUP
P.O. BOX 467 BEREA KY 40403
859-986-7565 859-986-2695 (F)
www.cwwg.org
for more information: Richard
Condit, Esq. 202-829-2444
Stu Sugarman, Esq. 503-234-2694
Mick Harrison, Esq. 859-321-1586
Karyn Jones 541-567-6581
J.R. Wilkinson 503-269-4263
Craig Williams 859-986-7565 (859-302-1103)
for immediate release Monday, July 26, 2004
OREGON JUDGE SENDS CHEM
WEAPONS INCINERATION PERMIT BACK TO STATE AGENCY TO PROTECT WORKERS' RIGHTS
TO RAISE SAFETY CONCERNS; RULING HAS NATIONAL IMPLICATIONS FOR WHISTLEBLOWERS
Order states that without additional whistleblower
protections "the permitted activity endangers human health and the environment."
Today, Oregon Circuit Court Judge Michael H. Marcus
handed down an order requiring the Oregon Department of Environmental Quality
(ODEQ) to modify the permit for the Army's chemical weapons incinerator
in order to provide additional protection of workers' rights to raise safety
and environmental issues.
Attorney Mick Harrison stated: "This decision is
significant nationally because it strengthens workers' rights at chemical
weapons facilities specifically and hazardous waste facilities generally.
The Oregon Department of Environmental Quality is now required to impose
permit conditions on the Army to protect workers' rights to raise concerns
about safety hazards and environmental violations. Workers no longer need
to fear retaliation for simply telling the truth. This decision marks the
beginning of the end of the era of management by intimidation at Army chemical
weapons facilities."
In today's ruling, Judge Marcus also denied citizens
request for permit revocation or modification on a number of other issues
raised in the complaint, including: risks to the public from toxic emissions;
lack of adequate consideration of alternatives to incineration; intentional
misrepresentations by the Army to ODEQ; and, inadequate agent monitoring
capability. In most instances, the Judge stated that the citizens groups
presented "compelling evidence" to back up their claims. But he did not
find that "no reasonable agency could decline to revoke or modify the permit"
based on Petitioners' contentions, the standard he felt needed to be reached.
Attorney Stu Sugarman said, "Oregon law states that
if Petitioners create enough doubt through the evidence presented, which
I feel we accomplished, that the agency 's permit decisions must be revoked
or modified. It appears the Judge was not willing to use his full authority
to revoke."
Lead attorney, Richard Condit, said "We believe the
Judge erred on some of the more critical issues raised during the trial.
But the ruling on worker protection makes clear what should have been clear
all along, that workers are the first line of defense in enforcement of
the permit and protection of public health and safety. This ruling forces
such modifications into the permit."
Karyn Jones, of the Petitioners group GASP said,
"We expect to have complete participation in the permit revision process
and insist that it be considered a 'major (Class III) modification', not
merely the writing in of some 'feel good' language by ODEQ. We also plan
on appealing the remaining findings which ruled against us."
Chemical Weapons Working Group Director Craig Williams
said, "This is a great day for workers at Umatilla and the other CW disposal
sites. We are extremely pleased that Judge Marcus realizes the critical
role they play in ensuring safe operations. For too long those most at risk,
the plant workers, have been threatened for trying to do the right thing."
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A copy of the Opinion and Order is available
electronically from the CWWG office upon request.
