Perkins Coie Obtains Summary Judgment for Washington Demilitarization Company in Dispute over Incineration of Chemical Weapons

PORTLAND – LawFuel Attorney Newswire – Perkins Coie is pleased to announce that the firm successfully represented weapons incinerator Washington Demilitarization Company in a dispute over incineration of 12 percent of the U.S. chemical weapons stockpile.

Judge Michael E. Marcus of the Multnomah County Circuit Court in Oregon granted summary judgment in favor of the respondents against several claims filed by G.A.S.P., an anti-incineration group and member of the Chemical Weapons Working Group. The respondents included the Oregon Environmental Quality Commission, U.S. Department of the Army and Washington Demilitarization Company.

G.A.S.P. has filed multiple lawsuits in opposition to the use of incineration technology for the destruction of chemical weapons at the Umatilla Chemical Depot (UMCD) in Oregon. The November 5, 2009 ruling affirmed a motion from the state and Washington Demilitarization Company that incineration is the best available technology for disposing of the mustard agent at the UMCD.

“We are thrilled with the court’s decision to grant summary judgment,” said Tom Lindley, lead counsel and firmwide chair of Perkins Coie’s Environment, Energy & Resources practice. “Following two earlier trial victories against G.A.S.P. and others, which allowed for the successful destruction of two types of nerve gas, this victory clears the way for Washington Demilitarization Company to retain full permits and continue destruction of these chemical weapons.”

In addition to Lindley, the Perkins Coie team representing Washington Demilitarization Company included Christopher Rich, Peggy Crane and Priscilla Hampton. The Department of Environmental Quality and Environmental Quality Commission appeared through counsel Marc Abrams and the U.S. Department of the Army appeared through counsel Robert H. Foster, Amanda Shafer Berman and Mark Holycross.

About Perkins Coie: With more than 700 lawyers in 15 offices across the United States and in China, Perkins Coie serves great companies ranging in size from start-ups to FORTUNE 100.

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