Colorado has lost a bid to force the Army to complete chemical weapon destruction at a Pueblo-area facility by a 2017 deadline set by the U.S. Congress.

A federal judge determined on Tuesday that U.S. law limits the state's authority to establish dates certain for destroying mustard agent stockpiles at Pueblo Chemical Depot.  Colorado's Public Health and Environment Department had filed the lawsuit, seeking to ensure that the chemical weapons be eliminated by the congressionally mandated deadline. 

The state also filed a second lawsuit recently to compel the Army to monitor more frequently its stored weapons for possible leaks. A court date has not yet been set for that case.
The Colorado plaintiff filing the deadline-enforcement lawsuit took issue this week with U.S. District Court Judge Richard Matsch's decision.

"We are disappointed with the judge's decision, since the practical effect of his decision would be to insulate the depot from enforceable schedules for waste treatment," said Jim Martin, executive director of the Colorado Public Health and Environment Department. "Clearly, the munitions are hazardous waste and are subject to requirements of our state hazardous waste law."

Martin said his department would work with the state's congressional delegation "to set -- and enforce -- strict time lines for cleaning up these munitions."

The ruling concerns 2,600 tons of mustard agent in assembled munitions stored at the depot. Environmental regulations forbid indefinite storage of hazardous wastes, and mustard agent is listed as a hazardous waste.

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