[CPEO-MEF] Alaska groups sue Army concerning ordnance issues

[pkmiller@akaction.net]

FYI--if anyone would like a copy of the notice letter to DoD (required 
under citizen suit provisions of the Clean Water Act), please let me know.

For Immediate Release                   Contact: Pamela Miller, (907)
222-7714,
June 15, 2001                           Alaska Community Action on Toxics

Groups File Notice of Lawsuit to Stop Military Poisoning
of Eagle River Flats at Fort Richardson, AK:
National Day of Action Highlights Impacts of U.S. Military Operations on 
Communities

  (Anchorage) Today, groups announced their intent to sue the United States 
Department of the Army and Department of Defense for on-going pollution and 
safety hazards associated with past and present bombing of Eagle River 
Flats. The Army uses Eagle River Flats, an extensive wetlands area on Cook 
Inlet near Anchorage, for military bombing and training exercises. More 
than 10,000 unexploded bombs and other munitions contaminate the Eagle 
River Flats, yet the Army refuses to remediate the dangers posed by the 
presence of unexploded ordnance on Eagle River Flats.

"The military has polluted and poisoned our traditional lands and waters 
with impunity," said Janet Daniels of the Chickaloon Tribe and board member 
of Alaska Community Action on Toxics and Military Toxics Project. "We are 
here to correct this serious environmental injustice and hold the military 
accountable for their dangerous actions."

Due to a high level of environmental pollution, the Environmental 
Protection Agency placed Fort Richardson on the National Priorities 
(Superfund) List of polluted sites in 1994. The groups allege violations by 
the Army of the federal Clean Water Act; Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA); the Federal Facility 
Agreement for Fort Richardson; and the Solid Waste Disposal Act.

"We will not allow the United States military to operate above the law. In 
a democracy, it shouldn't be that way. We are going to change it," said 
Pamela Miller, Director of Alaska Community Action on Toxics.

The Army's past and present discharge of munitions releases harmful 
chemicals such as RDX, 2,4-DNT, heavy metals, and other high explosive and 
propellant compounds. The presence of such toxic chemicals and the safety 
hazards of unexploded ordnance present a substantial danger to wildlife and 
people. Army documents reveal that hunters and other persons enter the 
Eagle River Flats impact area because no physical barriers prevent access. 
After thousands of waterfowl deaths, the Army began to remediate white 
phosphorus contamination from their use of incendiary weapons on Eagle 
River Flats, but they have failed to address the larger problem of 
continuing pollution from unexploded bombs and other munitions.

Unexploded ordnance may also exist in, on, and/or under lands and waters 
outside the current boundaries of Fort Richardson, including the waters of 
Knik Arm. For example,

the Army historically used approximately 2 million acres in the vicinity of 
Fort Richardson (the Fort currently consists of about 60,000 acres) for 
military training, including munitions training. Much of those 2 million 
acres are likely to contain unexploded ordnance. The Army has never made a 
systematic effort to identify areas likely to contain unexploded ordnance 
(UXO) or to remediate the dangers posed by the presence of UXO.

The groups' announcement coincides with a National Day of Action to 
initiate Military Toxics Project's Healthy Communities Campaign. The 
Military Toxics Project (MTP) is a national network of groups fighting 
military contamination in their communities.

The Military Toxics Project and national network of groups celebrate the 
introduction of legislation that seeks to address the problem of unequal 
enforcement of environmental and public safety laws. U.S. Congressman Bob 
Filner (D-CA) has introduced a bill entitled the Military Environmental 
Responsibility Act (MERA), which seeks to remove all military exemptions 
from existing environmental, worker, and public safety laws and regulations.

A report released to Congress by Military Toxics Project today entitled 
Defend Our Health: The U.S. Military's Environmental Assault on Communities 
details the impacts of polluting military activities such as hazardous 
waste dumping, testing and use of munitions, manufacture and use of 
depleted uranium, nuclear propulsion, toxic releases to air and water, and 
other military operations. The report shows how military exemptions from 
laws and lax enforcement by regulatory agencies have produced more than 
27,000 toxic hot spots on 8,500 military properties.

Groups engaged to sue the Department of Defense include: Alaska Community 
Action on Toxics, Chickaloon Tribe, Cook Inlet Keeper, Military Toxics 
Project, and individuals of the Tribe, Janet Daniels and Richard Martin. 
Attorney Scott J. Allen of Cox and Moyer Attorneys at Law, based in San 
Francisco, represents the groups. Alaska Community Action on Toxics (ACAT) 
is a statewide non-profit organization dedicated to achieving environmental 
health and justice. ACAT's mission: we believe that everyone has a right to 
drink clean water, breathe clean air, and eat safe foods free of toxic 
contamination. Chickaloon Tribe Athabascan Nation at Chickaloon Village is 
located in the Upper Cook Inlet with other lands in lower Cook Inlet and 
Fossil Point area. They are committed to protecting their lands, waters, 
and health. The Cook Inlet Keeper is a non-profit group dedicated to 
protecting Cook Inlet and the life it sustains. Cook Inlet Keeper is based 
in Homer, Alaska. The Military Toxics Project (MTP) is a national network 
of groups fighting military contamination in their communities. MTP is 
based in Lewiston, Maine.

Other contacts:
1) Janet Daniels, Chickaloon Tribe and board member of Military Toxics 
Project and Alaska Community Action on Toxics, (202) 842-1300 
(participating in press conference at National Press Club on Friday June 15 
9:30 EST)
2) Scott Allen, Attorney, Cox and Moyer, (415) 543-9464
3) Bob Shavelson, Cook Inlet Keeper, (907) 235-4068

Pamela K. Miller
Program Director
Alaska Community Action on Toxics
135 Christensen Drive, Suite 100
Anchorage, Alaska 99501
web site: http://www.akaction.net 


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~