VIEQUES - Perto Rico sues US

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Calderon Alleges Navy Exercises Threaten Health and Violate Noise Law

By Bill Miller
Washington Post Staff Writer
Wednesday, April 25, 2001; Page A29

The government of Puerto Rico filed a federal lawsuit yesterday to prevent the Navy from resuming bombing exercises on the tiny island of Vieques, maintaining that the activities threaten public health and violate a newly enacted anti-noise law.

The lawsuit is the latest move in a campaign by Gov. Sila Maria Calderon and other Puerto Rican officials to force the suspension of bombing exercises until federal agencies can fully assess whether they lead to health problems. The Navy, which must give Puerto Rico 15 days notice before starting military training, did so on April 11, and activities could begin as early as Friday. Up to six days of ship-to-shore training maneuvers are planned, using inert or "dummy" ordnance.

Puerto Rico passed a law on Monday that set strict noise limits over beaches and surrounding waters, an action meant to cover the blasts and sonic booms brought on by the Vieques exercises. Officials followed up yesterday in U.S. District Court in Washington, accusing Defense Secretary Donald H. Rumsfeld and naval officials of violating the territory's new law as well as the 1972 federal Noise Control Act.

The suit says the U.S. government must comply with local noise laws unless the president issues an exemption. President Bush has not acted on the matter.

According to the lawsuit, the maneuvers "seriously disrupt the lives and threaten the health" of the island's 9,300 residents. The suit says the noise brought on by the bombing practice is excessive, and that in 1998 alone roughly 7,300 shells were fired -- creating 14,600 sonic booms.

The complaint seeks a temporary restraining order and then a permanent ban. An emergency court hearing has not yet been scheduled.

"I want to say how much I regret that this moment has arrived," Calderon said yesterday, calling the legal action a direct response "to the need to use all the recourses permitted me under the law to fulfill my primary responsibility -- to safeguard the health and security of all Puerto Ricans."

A Pentagon official declined comment on yesterday's developments. Justice Department officials also would not comment, saying they had not reviewed the lawsuit.

The military exercises have generated controversy on the island for decades, with opposition growing in 1999 after a wayward bomb killed a civilian security guard. Protesters occupied the Navy's bombing range for a year after that incident, and Puerto Rican lawmakers and activists are threatening to do so again. The Puerto Rican legislature plans to meet on Friday outside the Navy base's gates.

Calderon, who took office this year, has pressured the United States to stop the activities even though the Clinton administration reached an accord with her predecessor, Pedro Rossello, that permitted the use of "dummy" ordnance. The agreement calls for a Nov. 6 referendum to decide the future of Navy training on the island.

The most recent exercises took place in December. Calderon won a temporary victory earlier this year when Rumsfeld called off Navy training that was scheduled in March. Calderon and other Puerto Rican officials maintained that the United States promised to hold off on bombing until more medical studies are completed.

Special correspondent John Marino in San Juan contributed to this report.

© 2001 The Washington Post Company

-- Anonymous, April 25, 2001


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