G.A.S.P.
P. O. BOX 1693
HERMISTON, OR 97838
for more information, contact:
Karyn Jones, G.A.S.P., 541-567-6581
Richard Condit, Land and Water Fund, 303-444-1188 ex 219
Bob Palzer, Sierra Club, 541-482-2492
for immediate release, Thursday, December 31, 1998
DEBATE INTENSIFIES AS CITIZENS FILE COURT MOTION CHALLENGING VIABILITY OF ARMY CHEMICAL WEAPONS INCINERATION PLAN IN OREGON
On Monday, December 28, Oregon groups and individuals, in a motion filed in Multnomah County Circuit Court, urged Judge Michael H. Marcus to reconsider his December 6 ruling and overturn the Environmental Quality Commission's (EQC) decision to choose incineration as the best available technology for the Umatilla Army Depot. The groups, including Oregon-based G.A.S.P, Oregon Wildlife Federation, Sierra Club and 22 individuals, are challenging the State- issued permits for five incinerators to dispose of over seven million pounds of deadly chemical warfare agents stored at the Depot. The Depot is located approximately seven miles upwind of Hermiston, OR.
On December 6, Judge Marcus determined that the plaintiffs' central challenge to the proposed incineration facility, which attacked the viability of carbon filter technology to control dangerous emissions, had merit. As part of a 28-page Opinion and Order, Judge Marcus stated: "[I]f respondents [EQC and Army] are relying on the PAS [Pollution Abatement System] carbon filters for their conclusions as to the 'proposed incineration technology,' their reliance is without sufficient support in the record..."
Speaking on behalf of the Oregon Chapter of the Sierra Club, Dr. Bob Palzer agreed with Judge Marcus' ruling that the EQC failed to document the validity of their reliance on the PAS carbon filter system to justify their technology choice. Dr Palzer continued, "In Monday's filing, we informed Judge Marcus of statements made by EQC members that clearly demonstrate they had relied on the extra protection they mistakenly thought carbon filters would provide in order to choose incineration."
A letter was also sent to the EQC on December 14. Karyn Jones, a Hermiston resident and leader of G.A.S.P., called the letter to the EQC and Monday's filing with the Court "true tests of character for the EQC." Ms. Jones explained, "We believe the EQC was grossly misled about the viability of carbon filters and other critical issues like the toxicity of the chemical agents the Army has stored out here." She concluded, "We hope the EQC and other state government officials will have the courage to stand up to the Army and reopen this process."
In his ruling Judge Marcus also suggested that new evidence concerning the viability of the incineration system and its impacts on human health and the environment could be submitted to the EQC. Another plaintiff, Irrigon teacher Debra McCoy-Burns, noted, "In the December 14 letter to the EQC, we requested a trial-type hearing in order to demonstrate that the EQC clearly relied on the successful operation of the PAS to approve incineration and in order to introduce new evidence that shows the Army knew years ago that the agents stored near my home are more toxic than originally believed." To date, the EQC has provided no formal response.
- 30 -
 CWWG Home Page |
Contact us: |