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Judge Dismisses Lawsuit Over Vieques Bombing Exercises
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US Troops Not Welcome on
Vieques
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WASHINGTON, Jan 3 (IslamOnline & News Agencies) - Opponents of the U.S. military's presence on the Caribbean island of Vieques suffered a setback late Wednesday when a U.S. federal judge dismissed a lawsuit seeking to halt U.S. naval exercises there.
The suit, filed by the government of Puerto Rico in April, sought to stop the Navy's ship-to-shore gunnery training on the Puerto Rican island because the noise it generates allegedly causes health problems among 9,300 local residents.
Lawyers for Puerto Rico alleged that frequent bombardments with 70-pound (32-kilogram) artillery shells caused cardiovascular, respiratory and nervous problems as well as "fear, anxiety and tension" among the Vieques population.
None of this, however, impressed U.S. District Court Judge Gladys Kessler, who dismissed the complaint "for lack of subject matter jurisdiction," and argued that the environmental law invoked by the plaintiff was not applicable to the case.
"The federal Noise Control Act of 1972 does not provide Plaintiff a cause of action to sue in federal district court for the violations alleged," Kessler wrote.
The ruling marks another chapter in the lengthy tug-of-war between opponents of Vieques's more than half-a-century-long association with the U.S. Navy, which began conducting exercises on the island during World War II.
Faced with a wave of anti-Pentagon protests on the island, U.S. President, George W. Bush announced in May that the U.S. Navy would abandon the island by May of 2003.
In July, the movement for a Navy-free Vieques scored another victory when 68 percent of the islanders voted in a non-binding informal referendum for the Navy's immediate departure.
But the deadly September 11 attacks against the United States have given powerful ammunition to those favoring continued use of the island by the U.S. military, and they moved swiftly to make full use of the situation.
"The Vieques training range provides an irreplaceable training facility for U.S. military forces, who have used its unique combination of live fire areas, aerial bombardment ranges, and amphibious landing beaches to reach high levels of readiness in preparation for nearly every conflict since World War II," the Armed Services Committee of the U.S. House of Representatives said in a statement.
A military spending bill passed with strong bipartisan support by Congress in December - and since signed by Bush - canceled a formal referendum on the future relationship between the island and the Pentagon planned for this month.
It also ordered the Secretary of the Navy not to close any training facilities on Vieques unless he could certify that a similar or better training site had been found.
But even if the Navy decides to leave, the U.S. government is expected to maintain its grip on the island because, under the law, the training facilities must be transferred to the Department of the Interior.
In her ruling, Judge Kessler noted that, "the political and policy issues raised in this case are complex and involve the clash of many important interests." She also stressed that "the Navy and the United States government view the exercises as critical to military readiness."
The government of Puerto Rico is expected to appeal the ruling.
Pentagon spokesman Major Jay Steuck declined to comment, saying he had not seen the court documents.
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