The Bremerton Sun, November 11, 2001

Why we are suing the U.S. Navy?

by Glen Milner

Why we are suing the U.S. Navy

In March 2001, a coalition of three peace and two environmental groups filed a 60 day notice stating their intent to sue the Navy regarding the Trident II (D-5) missile upgrade at Naval Submarine Base Bangor. The Navy never responded to our concerns and instead chose to push ahead with its $6.5 billion upgrade. Our lawsuit was filed by attorney David Mann, of Bricklin and Gendler, in June 2001.

Our environmental suit goes beyond the Navy's failure to consult with fish and wildlife agencies or to prepare an environmental impact statement analyzing the impacts of bringing the more powerful Trident D-5 missile to Bangor. We are also challenging the Navy for failing to address the environmental impact of an accidental detonation or explosion involving Trident D-5 missile components.

The D-5 missile weighs 130,000 lbs. compared to 73,000 lbs. for the Trident I (C-4) missile, currently deployed at Bangor. The rocket propellant alone in the 24 D-5 missiles on one Trident submarine has the net explosive weight equal to 3.7 million pounds of TNT. The environmental threat of these conventional explosives, in addition to the 192 nuclear warheads deployed on each of the Bangor-based submarines, has never been addressed.

On October 26, 2001, we received the first formal response to our lawsuit from U.S. Attorney Brian C. Kipnis, assigned to the defense of the Navy. A Motion for Dismissal was filed with the court, arguing the Navy's "neither confirm nor deny" policy for nuclear weapons should apply to the Endangered Species Act and the National Environmental Policy Act. The Navy is asking the court to give an internal Department of Defense policy standing over federal law. Even though the Bangor base is the last active nuclear weapons depot on the West Coast and the place of deployment for approximately 1760 nuclear warheads, and the Trident missile system is obviously a nuclear weapon, the Navy is asking we forget a nuclear environmental threat exists.

Department of Defense Directive 5230.16 explains its "neither confirm nor deny" policy is to enhance the effectiveness of nuclear deterrence and contribute to the security of nuclear weapons. The same directive gives a predetermined statement to be issued in the case of a nuclear accident involving the release of radioactive material. The directive states, "Radioactive material in the form of dust may be scattered as a result of the accident. The dust poses little risk to health unless taken into the body by breathing or swallowing, although it is unlikely that any person would inhale or swallow an amount that would cause illness." The same directive states that short-term exposure to plutonium outside the body poses "a negligible health risk."

A potential accident addressed in our lawsuit involves nuclear shipments to and from the Bangor base and during the handling and loading and unloading of Trident D-5 missiles onto the submarines. An accident at the Explosives Handling Wharf could cause the detonation of explosive propellant in the D-5 missile and spread plutonium across the Puget Sound area.

The Navy has already demonstrated a capacity for disaster at Bangor and at the Explosives Handling Wharf. In February 2000, two weeks before the salmon migration period, a containment platform at the Explosives Handling Wharf at Bangor collapsed and fell 70 feet, dumping 6,000 lbs. of toxic waste into Hood Canal. Over 5,000 lbs. dissipated into endangered salmon habitat. Early internal Navy communications expressed more concern the media might find out about the accident than about damage to the environment.

Our lawsuit maintains the Navy's strategy of secrecy does little to alleviate the danger involved with Trident weapons components on the base. A full disclosure of the environmental threat of the Trident D-5 missile upgrade is due the public. Until then, the court should declare the D-5 missile upgrade at Bangor is in violation of the Endangered Species Act and the National Environmental Policy Act. The work at the base should stop.

Glen Milner lives in Seattle and is a member of Ground Zero Center for Nonviolent Action in Poulsbo, Washington.

Please see website www.gzcenter.org.