CWWG: Opponents Disappointed in Judge's Ruling

OPPONENTS OF VX WASTE SHIPMENTS "DISAPPOINTED" IN JUDGE'S RULING - PLAN IMMEDIATE MOTION
FOR RECONSIDERATION - FOLLOWED BY APPEAL TO THE 7TH CIRCUIT IF NECESSARY

Citizens Groups Point to Flaws in Decision Such As Not Addressing Alleged Violation of U.S. Law
Prohibiting Interstate Transport of Chem Weapons - Among Other Issues

Citizens groups who sued to stop the shipment of VX nerve agent by-products from the Army's Newport, Indiana chemical weapons disposal facility to Port Arthur, Texas were denied the relief they sought. Indiana federal judge Larry J. McKinney denied their Motion for Preliminary Injunction in a 57-page decision handed down earlier today.

"Needless to say, we're disappointed," said Craig Williams, director of the Chemical Weapons Working Group, one of the plaintiff organizations in the suit. The citizens groups plan on seeking an immediate reconsideration by the judge on several issues, including, but not limited to, the judge's apparent lack of ruling on the claim that shipping such material is prohibited by federal law.

During the proceedings in Indianapolis, two government witnesses admitted that the material being shipped to Port Arthur was not considered "destroyed" under the international treaty, to which the United States is party. According to the treaty, if the material is not "destroyed" then it is still considered a chemical weapon.

"A 1994 federal statute forbids the interstate transportation of chemical weapons, therefore the shipment of this material is in violation of the law," said Williams. "And the judge did not specifically address this issue," he said. "Other flaws in the ruling will require more in-depth consideration," said Williams, "but based on a preliminary read we feel numerous portions of the ruling are incorrect."

The citizens groups hope to have a Motion for Reconsideration before the judge early next week. If denied they plan to appeal to the 7th Circuit Court of Appeals in Chicago.

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