BIRMINGHAMGov. Don Siegelman announced plans Friday to take legal action to block the incineration of chemical weapons at the Anniston Army Depot.
The announcement came amid an ongoing quarrel with the federal government over emergency preparedness issues in connection with weapons stockpiled at the depot.
At a press conference at a park in Birmingham's Southside neighborhood, Siegelman vowed to stop the burns and to slow down the permitting process of the incinerator unless the federal government releases $40.5 million approved last year for emergency equipment and planning.
"I have instructed my legal advisor to prepare and to file litigation at the first part of next week, stopping any incineration at the Anniston Army Depot until the federal government meets the safety concerns upon which we have agreed," Siegelman said.
The advisor, Ted Hosp, said he intends to file a lawsuit in federal court. However, no specifics were available on who the parties would be or what exact legal remedy would be sought.
Within hours of the governor's announcement and just days before a meeting with Calhoun County's congressional delegation, the Federal Emergency Management Agency announced it had released $25 million. But more than $15 million remains in question.
Calhoun County officials, who have been rebuffed on funding requests for protective equipment for civilians and emergency responders, software upgrades, and additional money for the protection of schools and other institutions, viewed the release of the money with skepticism.
"While FEMA's announcement may appear to be 'progress,' without the additional $15.5 million for these four items, Calhoun County will not be able to protect its citizens," a written statement from the County Commission said.
FEMA, arguing that the equipment would endanger its users, has balked at the idea of distributing protective hoods to civilians and top-tier protective suits to emergency responders. Calhoun County officials, on the other hand, insist that this equipment is a necessary safety measure, a stance supported by the politicians in Washington and Montgomery.
"Alabama's delegation does not plan to reverse itself one inch," said Pepper Bryars, spokesman for Rep. Bob Riley, R-Ashland. "They just want to alleviate FEMA's concerns and that's all. This is not a negotiation."
Sen. Jeff Sessions, R-Mobile, took the same stern tone.
"I'm glad that we've got part of the money flowing into Calhoun County to deal with preparedness, but we need to get the rest of the money paid and the safety response plan in place as soon as possible," Sessions said. "Otherwise, it could delay the project. We will not agree to an incineration program that is not safe."
Sessions and Riley, along with Sen. Richard Shelby, R-Tuscaloosa, plan to meet with FEMA and Pentagon officials Tuesday over the outstanding issues.
A FEMA press release did not mention the items in question but said, "An additional $15.5 million is expected soon, as FEMA continues to work with Alabama emergency management officials to ensure the entire allocation will be used for proven protective measures in the state."
But given the governor's strong words Friday, it seems unlikely that the $25 million alone will avert a lawsuit.
"It's not the money, it's the protection," he said.
Siegelman's familiar insistence that "no match will be lit" without safety precautions in place has become almost a mantra in the long-running squabbling over safety measures. But his stance took on more immediacy with Friday's called press conference, where the governor used strong language implying that a lawsuit is imminent.
With apparent frustration with the Army, Siegelman reached beyond the topic of emergency preparedness, relating the presence of the chemical weapons stockpile to economic woes.
"It is hindering our economic development opportunities and will continue to hinder our economic development opportunities in and around Fort McClellan until the Army does what it's supposed to do and clean up the mess it's created," he said.
The incinerator, which was completed last summer, is in a period of shakedown testing. The facility is expected to begin burning chemical agent sometime this summer.
The Army maintains that the incinerator will be a safe way to dispose of the more than 2,000 tons of chemical weapons stockpiled at the depot.
"We are continuing to do our best to make sure we are prepared to do our work, which is to safely eliminate the weapons," said Mike Abrams, spokesman for the incinerator project.
