[CPEO-MEF] PRESS RELEASE -- Fort Ord RAB Lawsuit Notice Filed

[CPEO Moderator <cpeo@cpeo.org>]

[This was posted to the list by Curt Gandy, OrdToxics@aol.com]

Please post on CPEO list server --  Thank you

Curt Gandy
FOTP Director 

----------------------------------------------------------------------
TEXT OF PRESS RELEASE FOLLOWS:  (e-mail, part 1 of 2 parts)
----------------------------------------------------------------------

PRESS RELEASE -- FORT ORD RAB LAWSUIT

Monday, August 7, 2000

For Immediate Release on August 7, 2000

HEADLINE:   Monterey Bay Residents File Notice of Intent to sue US Army 
over former Fort Ord Army Base Cleanup, Monterey County, California.

For further information contact:
    Curt Gandy, Executive Director, Fort Ord Toxics Project
    (831) 375-9464

    Scott J. Allen, Esq., Attorneys for Plaintiffs, Cox & Moyer
    (415) 543-9464

Today, Monday, August 7, 2000, a Coalition of Monterey County Residents 
and Environmental Organizations is filing a "Notice of Intent to Sue" 
the Department of Defense and the US Army in Federal Court.  Angered by 
the Army's actions, Monterey County residents are again intent on suing 
the US Army because of Fort Ord's violations of health, safety and 
environmental regulations and the illegal and retaliatory shut down of 
the former base's Restoration Advisory Board -- the community-based 
committee required under the law to advise the local Army Commander, 
California and federal regulators on the base's cleanup. 

RETALIATION FOR PREVIOUS SUCCESSFUL LAWSUITS ALLEGED

The Fort Ord Toxics Project and several individual members of the Fort 
Ord RAB successfully sued the Army in 1998 to force a more thorough 
cleanup of unexploded ordnance on Fort Ord.  Early in 1999 that former 
lawsuit was resolved in favor of the plaintiffs'.  The Army's decision 
to disband the Fort Ord RAB was made shortly after the settlement of 
that successful suit.

"The Army's decision to disband the RAB is clearly intended to retaliate 
against RAB Community Members for filing that 1998 lawsuit," said 
Richard Bailey, a member of the FOTP Board of Directors and a Community 
Member of the RAB from 1996 until its disbandment in 1999.

"We are disturbed that after years of public participation the Citizen's 
Restoration Advisory Board has been disbanded, said Curt Gandy Executive 
Director of the Fort Ord Toxics Project and former RAB Chairman and 
Community Member.  Massive amounts of toxic substances and unexploded 
ordnance remain on the base and are being overlooked."

Mike Weaver of the Highway 68 Coalition said; "Let's not compromise the 
health and safety of the public in the County's rush to build more golf 
courses, hotels, and over 6,000 new housing units."

With the support of the 30 State, National Caucus of Restoration 
Advisory Board Community Members, the Plaintiff's lawsuit will allege 
the Army has violated, and continues to violate, the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA also 
known as Superfund) and the Federal Facilities Agreement (FFA the Terms 
of Reference Contract between California, the EPA and the Army governing 
cleanup) for the former Fort Ord Army Base.
 
Plaintiff's allege:

1 )     THE ARMY ILLEGALLY SHUT DOWN THE FORT ORD RESTORATION ADVISORY 
BOARD: 
    In 1999, the Army shut down the Fort Ord Restoration Advisory Board 
("RAB").  Restoration Advisory Boards are community-based committees 
required under the Superfund law to advise the military on base cleanup. 
Fort Ord is a Base Realignment & Closure Act (BRAC) Army base that is 
also a National Superfund Site.  The Fort Ord RAB served as an important 
and effective forum for public education and public participation 
regarding the environmental restoration activities at the former Army 
base.  The Army's discontinuation of the Fort Ord Restoration Advisory 
Board is a violation of CERCLA and the FFA.
     
2 )     REVISIONS TO THE SO-CALLED FORT ORD COMMUNITY RELATIONS PLAN ARE 
ILLEGAL:    Superfund also requires the local base command to develop 
and implement a Community Relations Plan or CRP.  The Army is proposing 
an amendment to the Community Relations Plan and the Ordnance & 
Explosives Community Relations Plan for Fort Ord The revised "CRP", 
entitled "Community Relations Plan Update Number 1 Fort Ord, 
California", states that the Fort Ord RAB has been disbanded and that 
the Army will no longer support or maintain this advisory board. THE 
REVISED "CRP" WOULD FORMALIZE THE ARMY'S DECISION TO DISBAND THE FORT 
ORD RESTORATION ADVISORY BOARD.   

By publishing and adopting the Revised Community Relations Plan the Army 
is in violation of the Superfund statute and the Fort Ord Facilities 
Agreement, said Scott Allen of Cox & Moyer attorneys for the plaintiffs. 
 

The Army did not seek, nor did it receive, the general agreement of the 
RAB membership before disbanding the RAB.  Additionally, the Army's 
decision to disband the RAB was not made in consultation with the 
community as a whole. The Army has violated, and continues to violate, 
the Federal Advisory Committee Act by holding meetings of the so-called 
"Technical Review Committee" at Fort Ord without first chartering that 
committee AND without noticing the meetings as required by the Act.

This is not an exhaustive list of complaints the Plaintiffs will allege 
in their lawsuit, said Gandy.  We will also allege that the Army's 
discontinuation of the Fort Ord RAB is a violation of the Administrative 
Procedures Act.  The law provides a place in the process for impacted 
communities and individuals to speak their minds and attempt to 
influence the outcome of cleanup decision-making. We are suing to prove 
that in a democracy, the Army cannot revoke our right at its whim!

### END ###

----------------------------------------------------------------------

TEXT OF THE NOTICE FOLLOWS:  (see e-mail, part 2 of 2 parts)
----------------------------------------------------------------------

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
You can find archived listserve messages on the CPEO website at 

http://www.cpeo.org/lists/index.html.

If this email has been forwarded to you and you'd like to subscribe, please send a message to: 

cpeo-military-subscribe@igc.topica.com
___________________________________________________________
T O P I C A  The Email You Want. http://www.topica.com/t/16
Newsletters, Tips and Discussions on Your Favorite Topics