Chemical Weapons Working Group, Inc. v. United States Department of the Army

MEMORANDUM DECISION AND ORDER

CAMPBELL, District Judge.

This matter is before the court on plaintiffs’ second motion for preliminary injunctive relief to enjoin defendants from incinerating chemical warfare agent at the Tooele Chemical Agent Disposal Facility (TOCDF). Plaintiffs claim that “new” evidence, that is, evidence discovered after the conclusion of hearings on plaintiffs’ first motion for preliminary injunctive relief, demonstrates that continued incineration of agent at TOCDF poses a threat of irreparable harm. Plaintiffs also contend that the new evidence requires that defendants…