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United States: Judge Allows Anniston Chemical Burn to Proceed By David McGlinchey The plant is prepared to begin incineration as early as this weekend, but Army lawyers must first decide if they will wait for expected appeals to today’s decision, according to Mike Abrams, a spokesman at the Anniston Army Depot. U.S. District Judge Thomas Jackson dismissed an appeal for a temporary restraining order sought by a coalition of groups, including the Chemical Weapons Working Group, the Sierra Club and a chapter of the Southern Christian Leadership Conference. Jackson said that concerns about the depot’s safety are “purely speculative.” Richard Condit, a lawyer for the plaintiffs, argued that Army and Alabama officials had not thoroughly examined emergency preparations in case of an accident at the depot. He also said that officials had no way to monitor the release of contaminants from the plant. Condit said that earlier test burns did not represent actual working conditions and were a “red herring” to fool the public and environmental officials. Activists in the courtroom decried the decision and said the Army should consider neutralizing the chemical weapons instead of burning them. The neutralization method is being used at several other depots, but the Army says that once chemicals are weaponized, they must be burned. “The citizens of Anniston were hoping to get the justice they deserve [but] they didn’t get that today,” said Monica Rohde-Buckhorn, a spokeswoman for the Chemical Weapons Working Group. Jackson ruled that the plaintiffs needed to demonstrate an imminent danger, not a theoretical or feared accident. He said there was “insufficient showing” that “any harm will flow.” Condit said he was “obviously disappointed” in the ruling. He said he would review the decision with his clients and would probably appeal “if it appears there are holes in the judge’s analysis.”
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