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Hilton Kelley (409) 498-1088
Sara Morgan (765) 498-4472
Mick Harrison (812) 323-7274
Craig Williams (859) 986-7565
Ross Vincent (719) 561-3117
Army Agrees to Stand Down on VX Hydrolysate Transportation to Texas until Judge Rules
Today, in a conference call, which included attorneys for the citizen plaintiffs, Army attorneys, attorneys for Veolia Environmental Services, and U.S. District Judge Larry J. McKinney, the schedule was set for a hearing on the Preliminary Injunction (PI) Motion filed by citizen groups yesterday in Terre Haute, Indiana.
In addition to coming to agreement on the time-line, the Army also agreed to continue its temporary halt of shipping VX waste from the Newport, Indiana Army depot to the Texas community of Port Arthur. This stand down will be in effect until Judge McKinney makes his ruling in the case.
"We are very excited," said Hilton Kelly, Director of the Port Arthur based Community In-Power Development Association. "This is a victory, and I believe we will prevail at the Injunction Hearing," he said.
The Preliminary Injunction time-line is:
*
June 29 - Army's response to plaintiffs PI memorandum, filed yesterday, is due;
* July 6 - Plaintiffs' reply to the Army's response is due; and
* July 16 - Evidentiary hearing on the PI begins (expected to last about 3 days).
This trial-like PI hearing will entail presenting evidence in the form of calling witnesses and submitting exhibits.
Some of the main issues raised in the citizen's memorandum filed yesterday are:
* The shipment/burning poses an imminent hazard to the public/environment;
* Accident and Terrorist risks have not been adequately addressed;
* Characterization of the material is inadequate/inaccurate;
* No Environmental Impact Statement has been prepared;
* There is no monitoring capability to detect VX at the incinerator;
* Violates Environmental Justice Executive Order/policies;
* VX can reform and/or concentrate after being neutralized;
* Shipment violates federal law barring interstate transport of such material.
Plaintiffs, which include citizen groups from both Indiana (Citizens Against Incineration at Newport) and Texas (Community In-Power Development Association) and two national organizations - the Chemical Weapons Working Group and the Sierra Club, are pleased with how quickly agreement was reached. They are especially pleased with the continued halt to the shipments of this uniquely hazardous material, which they believe pose a grave and unnecessary risk to folks in both communities and all along the transportation route.
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