Lawyers for Gov. Don Siegelman Wednesday dropped an attempt to postpone the startup of Anniston's chemical weapons incinerator.Two days after the federal government effectively ended a controversy over protective equipment for the community outside the Anniston Army Depot, the administration filed papers asking a federal judge to permit the withdrawal of a motion seeking to stop the facility. The facility is expected to begin burning nerve agent in the fall.
Monday, the Federal Emergency Management Agency said it would send $7 million to pay for protective respiratory hoods for residents nearest the depot and protective suits for area emergency responders.
The Pentagon approved these items last fall, but when FEMA declined to fund them, Siegelman initiated a wide-ranging lawsuit attempting to delay the opening of the incinerator.
"He's doing this (considering dropping the lawsuit) because the money is in the process of being moved," said spokesman Mike Kanarick.
The legal action, which was filed in February, is still in place, but, Kanarick said, "the governor and his lawyers are looking at whether to dismiss the lawsuit."
Kanarick emphasized that the governor still has concerns about the facility and the federal emergency preparedness program established to protect the community around the depot.
When the judge grants the motion, a hearing set for July 24 will be cancelled. This is the second time Siegelman has asked that the motion be withdrawn. He renewed the motion in May when FEMA failed to deliver the money.
The news, which had seemed imminent for several days since Siegelman's lawyers began to talk openly about nearing a settlement on the issue, provoked little response from the Calhoun County officials who have been most adamant about getting these emergency measures in place. Officials at the county Emergency Management Agency and County Commissioner Eli Henderson declined to comment.
County Commission Chairman Lea Fite, however, welcomed the news.
"That's outstanding," he said. "He's done this once before, but hopefully it'll stay dropped this time and they'll send the money. We want to get the money down here as soon as possible and get on with this process."
Tim Garrett, the Army project manager at the incinerator said, "We hope that this issue is now resolved and all of us can focus our attention on the safe disposal of the weapons."
