Oregen Judge Says Permit Should Protect Workers' Rights

[Lenny Siegel <lsiegel@cpeo.org>]

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CHEMICAL WEAPONS WORKING GROUP
P.O. BOX 467 BEREA KY 40403
www.cwwg.org

for immediate release Monday, July 26, 2004

OREGON JUDGE SENDS CHEMICAL WEAPONS INCINERATION PERMIT BACK TO STATE
AGENCY TO PROTECT WORKERS RIGHT TO RAISE SAFETY CONCERNS: RULING HAS
NATIONAL IMPLICATIONS FOR WHISTLEBLOWERS

Order states that without additional whistleblower protections "the
permitted activity endangers human health and the environment."

Today, Oregon Circuit Court Judge Michael H. Marcus, handed down an
order requiring the Oregon Department of Environmental Quality (ODEQ) to
modify the permit for the Army's chemical weapons incinerator, providing
additional provisions to protect workers rights to raise safety and
environmental issues.

Attorney Mick Harrison stated: "This decision is significant nationally
because it strengthens workers' rights at chemical weapons facilities
specifically and hazardous waste facilities generally.  The Oregon
Department of Environmental Quality is now required to impose permit
conditions on the Army to protect workers' rights to raise concerns
about safety hazards and environmental violations.  Workers no longer
need to fear retaliation for simply telling the truth.  This decision
marks the beginning of the end of the era of management by intimidation
at Army chemical weapons facilities."     
        
In today's ruling, Judge Marcus also denied citizens request for permit
revocation or modification on a number of other issues raised in the
complaint, including: risks to the public from toxic emissions; lack of
adequate consideration of alternatives to incineration; intentional
misrepresentations by the Army to ODEQ; and, inadequate agent monitoring
capability.  In most instances, the Judge stated that the citizens
groups presented "compelling evidence" to back up their claims.  But, he
did not find that "no reasonable agency could decline to revoke or
modify the permit" based on Petitioners' contentions, the standard he
felt needed to be reached.
       
Attorney Stu Sugarman said, "Oregon law states that if Petitioners
create enough doubt through the evidence presented, which I feel we
accomplished, that the agency 's permit decisions must be revoked or
modified.  It appears the Judge was not willing to use his full
authority to revoke."
      
Lead attorney, Richard Condit, said "We believe the Judge erred on some
of the more critical issues raised during the trial.  But, the ruling on
worker protection makes clear, what should have been clear all along,
that workers are the first line of defense in enforcement of the permit
and protection of public health and safety. This ruling forces such
modifications into the permit."
      
Karyn Jones, of the Petitioners group GASP said, "We expect to have
complete participation in the permit revision process and insist that it
be considered a 'major (Class III) modification', not merely the writing
in of some 'feel good' language by ODEQ. We also plan on Appealing the
remaining findings which were ruled against us."
        
Chemical Weapons Working Group Director, Craig Williams said, "This is a
great day for workers at Umatilla and the other CW disposal sites. We
are extremely pleased that Judge Marcus realizes the critical role they
play in ensuring safe operations. For too long those most at risk, the
plant workers, have been threatened for trying to do the right thing."

--30--





-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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