Colo argues for more control over chemical weapons
DENVER – Colorado officials say a judge was wrong when he ruled they cannot require the Army to set a legally binding deadline to destroy chemical weapons stored in the state.
State attorneys filed written arguments with a federal appeals court in Denver this month seeking to overturn a ruling last year in U.S. District Court.
At issue is how much regulatory power the state has over 2,600 tons of mustard agent awaiting destruction at the Pueblo Chemical Depot.
The district judge ruled that the Colorado health department’s attempt to require a deadline conflicts with federal law, and that federal law prevails.
In its appeal, the state says the Army can comply with both federal law and state regulations.
The Army has until April 12 to file a response.