Judge agrees to hear citizen's evidence challenging Army's Oregon chemical weapons incineration permit
Press Release from the Chemical Weapons Working Group Friday, October 19, 2001

"I conclude that I must allow both sides to make a record in this court." --Multnomah Circuit Judge Michael H. Marcus

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.