A federal judge Tuesday postponed a hearing set for later this week in Gov. Don Siegelman's lawsuit against the Army's chemical weapons incinerator. Although no reason was provided for the postponement, which came at the behest of lawyers for the federal government, a source close to the case said both sides were attempting to settle the dispute. The source, who spoke on the condition of anonymity, would not reveal any details of the negotiations.
Siegelman filed the lawsuit last month after the Federal Emergency Management Agency and the Army pulled back on a number of protective measures the Pentagon had agreed to provide for the community near the Anniston Army Depot, where more than 2,200 tons of chemical weapons are to be destroyed in the incinerator.
The hearing set for Thursday would have decided Siegelman's motions for a temporary restraining order and preliminary injunction against the incinerator, which has been undergoing testing on non-hazardous materials since Saturday. The hearing was not rescheduled as of Tuesday.
The Siegelman administration has backed Calhoun County officials in their effort to obtain protective equipment for the residents near the depot and for emergency responders who would react to a chemical weapons accident at the incinerator or stockpile.
An aide for the governor reiterated the administration's pledge to prevent the incineration of chemical weapons until the measures are in place, and insisted that the postponement was not a setback to the case.
"This is something we're fine with, something we're satisfied with," said Rip Andrews, a spokesman.
The lawsuit, however, was an attempt to stop not only the incineration of the actual blister and nerve agent stored at the depot, but also the testing at the facility. Despite the legal wrangling, the Army began testing one of incinerator's four furnaces with surrogate materials.
Tim Garrett, the incinerator's project manager, said he expects the testing on the liquid incinerator to be completed Friday, two days ahead of schedule.
"The furnace and system have performed well," he said.
Garrett declined to comment on the judge's decision.
