[CPEO-MEF] Fw: Members of Illegally Disbanded McClellan AFB RAB Sue Air Force

[saulbloom@mindspring.com]

For Immediate Release
----- Original Message -----=20
From: Saul Bloom=20
To: cpeo@cpeo.org=20
Sent: Monday, April 09, 2001 12:21 PM
Subject: Members of Illegally Disbanded McClellan AFB RAB Sue Air Force


Dear CPEO, Please Post

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Sacramento County Residents Sue McClellan Air Force Base=20
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  a.. Former Air Base Community Advisory Committee Sue Over Illegal =
Disbandment=20
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For More Information Contact: Former RAB members: Del Callaway (916) =
641-1776, Sheila Guerra (916) 726-0314, Charles Yarbrough (916) =
967-8375; Arc Ecology: Saul Bloom (415) 495-1786; Attorney: Scott Allan =
(415) 543-9464=20

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On Wednesday, March 22, 2001.  Members of the former McClellan Air Force =
Base Restoration Advisory Board (RAB) filed suit against the =
installation command for having illegally adjourned the committee. After =
ten months of negotiation to try to avoid litigation, former members of =
the illegally disbanded McClellan RAB were left no choice but to sue =
when the base's command called a halt to the talks on Friday, March 2nd. =
  The complaint presented by the former members of the McClellan RAB =
maintains that by adjourning the former RAB and dismissing its =
membership, the Air Force violated the Federal Superfund regulations and =
the Department of Defense's own environmental management regulations:

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"by disbanding the McClellan RAB, unilaterally revoking the RAB Charter, =
RAB By-Laws, and RAB Rules of Order, and selecting new Community =
Members, as described more fully above, the Air Force has violated these =
and other requirements of the McClellan CRP.  By violating the =
requirements of the CRP, the Air Force has also violated CERCLA and the =
FFA."

Delmar Callaway et al v US Department of the Air Force March 2001
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The former members of the now adjourned McClellan RAB believe the base's =
reason for closing down the RAB was to silence local concerns about the =
cleanup of the base and to thwart their investigation into the extent of =
the facility's pollution.

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"Some or all of the Plaintiffs have, at various times during RAB =
meetings, expressed disagreement with activities carried out by the Air =
Force, the USEPA or the State of California at McClellan.  In fact, the =
RAB Community Members have passed formal motions and/or resolutions =
expressing the RAB's disagreement with activities carried out by the Air =
Force, the USEPA, and/or the State of California at McClellan."

Delmar Callaway et al v US Department of the Air Force March 2001

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 "The Air Force closed us down to shut us up and replace us with another =
RAB that will be their puppet," said Del Callaway, the former Community =
Co-Chair of the McClellan RAB, former President of the AFGE local at =
McClellan, and a 15 year civilian employee of the Air Force. "The Air =
Force wanted to shut us up, because they want to downplay the serious =
threat to public health and the environment posed by the radioactive =
waste and other toxins contaminating the base.  But we're not going =
away!"

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The concerns expressed by Mr. Callaway were echoed by another member of =
the adjourned McClellan RAB, long-time local installation watcher =
Charles Yarbrough.

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"They want a compliant RAB that will not raise any meaningful concerns," =
said Charles Yarbrough.  Yarbrough is also a former Community Co-Chair =
of the RAB, a thirty year employee and veteran of McClellan, and a =
long-term environmental whistleblower.  "They don't want anyone rocking =
the boat as the Air Force prepares to transfer this property to =
McClellan Park - the civilian redevelopment authority for the base.  =
McClellan Park is planning to open the facility up for the first time to =
widespread public use. The former RAB was fired because we were =
concerned that this would lead to people being exposed to the hazards =
the Air Force hopes to sweep under the carpet.  That is why they threw =
us off the RAB."

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McClellan is one of the most contaminated installations approved for =
closure by the Base Realignment and Closures Commission in 1993.  A =
major Air Force aircraft repair depot, for nearly 20 years, McClellan's =
radiation laboratories processed samples from atmospheric nuclear tests =
and other sources.  Members of the illegally expelled RAB believe that =
their interest in the radiation contamination of McClellan was one of =
the reasons they were dissolved. =20

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 "The evidence is clear that the Air Force did not want a knowledgeable =
RAB," said Shelia Guerra, a former RAB community member. "In our =
negotiations with the Air Force over the future of the RAB process at =
McClellan we asked that they focus on including new members with =
specific technical expertise, and invite participation from local =
universities.  We asked that if they were uncomfortable with the make up =
of the previous RAB that they include us in the process so that the =
years of corporate knowledge regarding the cleanup wasn't lost.  They =
did none of that."  The only member of the illegally adjourned RAB to be =
invited to sit on the new Board is also a member of the Sacramento =
County Environmental Commission. "We are concerned that the only member =
of the former RAB who was invited to participate in the new body may =
have a conflict of interest because as a Commissioner he may be asked to =
participate in approving future environmental decisions around the =
base."


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