Colorado sues U.S. over destruction of weapons

Colorado has filed a lawsuit against the U.S. Department of Defense, hoping to force the military to destroy 2,600 tons of World War II-era mustard agents in deteriorating shells housed in igloos outside Pueblo by 2017.

The Colorado Department of Public Health and Environment, in a lawsuit officials said was filed in Denver federal court Tuesday , wants a judge to order destruction of the agents at the Pueblo Chemical Weapons Depot sooner than the military plans.

State officials are tired of repeated delays in the destruction project, which has led to "indefinite" storage of the hazardous materials, said department spokeswoman Jeannine Natterman.

"The current schedule is another in a long line of delays in destroying this mustard agent in Pueblo, and we're not doing this anymore," Natterman said.

The toxic mustard agent vaporizes in the air and causes blistering of the skin, internal and external bleeding and strips mucous membrane from bronchial tubes. Exposure can also lead to cancer and birth defects. The depot was once used for weapons testing, maintenance and disposal, but its role since 1988 has been strictly storage.

A chemical weapons treaty signed by the U.S. and 180 other countries calls for the chemical weapons to be destroyed by 2012. The Defense Department in 2002 drew up the plans, but they were scrapped in 2004 for a cheaper alternative. The military's current plan calls for the chemical agents to be destroyed from 2015 to 2020, in violation of the treaty.

In June, the state, exercising its authority over hazardous materials, issued an order for the weapons to be destroyed by 2017, the same deadline set by Congress for their destruction. State officials decided to sue after the military indicated it would appeal the June order.

"Our cause is to make sure that this is done, that the waste is eliminated as quickly as is conceivably possible. We didn't want to let any more time slip by without taking more affirmative action," Natterman said.

Kathy DeWeese, spokeswoman for the Army's Assembled Chemical Weapons Alternatives in Maryland, said the military's timetable calls for beginning to destroy the Pueblo stockpile in 2015, finishing in 2020 and closing the plant in 2024.

DeWeese said military attorneys had not seen the lawsuit. In a written statement, she said the military is studying options to accelerate the disposal.

"The Department of Defense, the Assembled Chemical Weapons Alternatives program and Pueblo Chemical Depot share with all Colorado citizens the desire to see the Pueblo stockpile destroyed as safely and expeditiously as possible," she said in the statement.

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