-Caveat Lector- Judge rules against ADEM procedure on incinerator permit The Associated Press 12/1/00 2:47 AM MONTGOMERY, Ala. (AP) -- The state environmental agency failed to follow state law when it issued the Army a permit to build and operate a chemical weapons incinerator at Anniston Army Depot, a judge has ruled. Montgomery County Circuit Judge Tracey McCooey ruled Tuesday that the Alabama Department of Environmental Management did not hold a public hearing as the law required. McCooey's decision could jeopardize the permit and halt construction of the incinerator if it's upheld on appeal. The judge encouraged the defendants to appeal her ruling directly to the Alabama Supreme Court, bypassing the state Court of Civil Appeals, lawyers said. If the Supreme Court affirms her decision, McCooey will then consider an appropriate remedy. Lawyers for both sides said that might include the possibility of revoking the Army's permit to operate the incinerator. Attorneys said they expect the judge to sign a written order next week. The decision came in a lawsuit brought by the Coosa River Basin Initiative Inc., a Georgia-based watershed advocacy group, against ADEM, the Army, and Westinghouse. The suit said ADEM should have followed Alabama's Administrative Procedure Act when it determined the acceptable odds of contracting cancer from toxic emissions. In the permit, ADEM said the acceptable odds are one in 100,000. The Administrative Procedure Act requires state agencies to seek public comment in the implementation of administrative rules. When ADEM determined the acceptable cancer odds, it was making a rule, McCooey said. Therefore the decision-making process should have been opened up to a public hearing, she said. Instead, ADEM officials made the decision without public discussion. The agency based its decision on U.S. Environmental Protection Agency guidelines, which declare the odds of one in 100,000 a minimum level of safety. Keith Clark, the attorney for the Coosa River Basin Initiative, said the ruling opens the door to declaring the incinerator permit itself defective. "That would bring to a halt the construction of the incinerator and the function of the incinerator," he told The Anniston Star in a story Thursday. David Ludder, director of the Legal Environmental Assistance Foundation of Tallahassee, Fla., agreed. In 1997, Ludder represented two other environmental groups in unsuccessfully appealing the Army's permit before the Alabama Environmental Management Commission, which oversees ADEM. When he lost the appeal, he handed the case to Clark, he said. Westinghouse spokesman Donavan Mager said the company will follow whatever guidelines ADEM sets. Army spokesman Michael Abrams said the ruling "did not present any sort of major blow." The judge's ruling was based on an error in procedure, not in the content of the permit itself, he said. But Clark Bruner, ADEM's public information officer, said the decision casts the future of the Army's incineration program into doubt. "Certainly, I think it does leave some questions as to how this whole thing will finally be (resolved)," he said. Copyright 2000 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! These are sordid matters and 'conspiracy theory'�with its many half-truths, mis- directions and outright frauds�is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
