for more information contact: Karyn J. Jones
541-567-6581
Debra McCoy-Burns 541-922-2808
Dr. Bob Palzer - 541-482-2492
Stu Sugarman, Esq. - 503-234-2694
Richard Condit, Esq. - 202-726-9838
for immediate release: Friday, October 19, 2001
After years of attempts to present evidence in a "trial-like"
atmosphere before the Oregon Environmental Quality Commission
(EQC), only to be repeatedly denied, community groups opposed
to incinerating the chemical weapons stored at the Umatilla Depot
will finally get their day in court.
Multnomah Circuit Judge Michael H. Marcus agreed with the groups'
attorneys that they had been denied such an opportunity and have
a right to make their record in his Court. Marcus wrote, "...it
now appears the petitioners [citizens] were correct about many
important issues in this controversy" and "...it is
extremely difficult, if not impossible, to assess whether the
[state] agencies have acted consistently with the legislative
charge to ensure the protection of health, safety and the environment."
and "I conclude that I must allow both sides to make a record
in this court."
Stu Sugarman, a Portland attorney representing the three community
organizations and 22 individual citizens in their attempt to have
the incinerator permit revoked said, "We finally have the
right, for the first time ever, to really find out whether incineration
is right for Oregon. We've always believed this was a poor decision.
Now, we'll finally get a chance to prove it."
In his ruling Judge Marcus cited internal memos written by a senior
Oregon Department of Environmental Quality (DEQ) Manager declaring
that an internal DEQ review of Army data, "has seriously
jeopardized and undermined our [DEQ's] confidence in the information
being provided to us."
Washington D.C. attorney, Richard Condit, part of the legal team
challenging the permit said, "The Army has built approval
for the Umatilla incinerators on a house of cards that to date
has been subject to little meaningful scrutiny. The decision
of the Circuit Court means that for the first time since the Army
submitted its permit application, persons living near the incinerators
will have a real opportunity to test the Army's house of cards.
I don't believe the Umatilla permit will be able to withstand
such scrutiny."
Pointing out that the DEQ/EQC's final order upholding the Army's
incinerator permit has been inadequate, Marcus stated that Oregon
statutes require "trial-like proceedings that culminate in
a record, findings of fact, and conclusions of law that accompany
the agency's final order." The EQC did not provide such an
opportuity nor did they include the other required elements in
its final order.
Among their claims, citizens argued that the facility as permitted
would endanger health, safety and the environment. G.A.S.P.
co-founder Karyn Jones said, "I became involved in the chemical
weapons disposal debate over a decade ago because of health and
safety concerns for my family and community. Over the years I
have become increasingly frustrated with the seemingly cavalier
attitude regarding the risks of incineration and the lack of accountability
within the chemical disposal program. I am relieved that at last,
we, the plaintiffs will be heard. I am confident that justice
will prevail within the court and the permits will be revoked."
Another claim the citizens brought before the EQC and will now
argue before Judge Marcus is that the incinerators at Umatilla
can never work as contemplated by the existing DEQ/EQC permits.
Plaintiff, Debbie McCoy-Burns said, "I was stunned when
the state of Oregon issued the permits for the U.S. Army to build
and operate incinerators to destroy nerve and mustard gas at the
Umatilla Army Depot. When the state did issue the permits in 1997
I realized I had only two options. I could move away or join with
others in filing suit against the state of Oregon to have the
permits revoked. I chose to stay and fight. I believe I made the
right decision. I am prepared to continue the fight in court no
matter how long it takes."
Another claim was that much safer alternative technologies are
available. Dr. Bob Palzer of the Oregon Chapter of the Sierra
Club said, "This decision sets the stage for Oregon to use
the best of proven advanced technologies to safely destroy the
chemical weapons at Umatilla. Not only are these new methods faster
and cheaper, but no longer will Oregonians be forced to be human
guinea pigs as the Army desperately attempts to use a stone age
approach to destroy these extremely hazardous substances while
resorting to smoke and mirrors to cover up that they simply don't
work."
Additionally, plaintiffs claimed that the agencies and the Circuit
Court have failed to afford them the opportunities to which they
are entitled by law to make their case. Pius Horning lifelong
Hermiston resident said, "The ruling is almost unbelievable.
I had reached the point where I didn't think we had a snowball's
chance in hell of getting this far. Now I know were going to win
it."
As part of his order, Judge Marcus directed that both parties
get together to develop a schedule for proceeding with the actual
trial. Once completed and agreed to by the Judge a date will
be set to hear the case.
Copies of the ruling are available electronically from Mr.
Sugarmans' office.
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