CNN
March 28, 2002

Vieques petition moved to federal court

FAJARDO, Puerto Rico (AP) --A Puerto Rican judge on Wednesday refused to
consider a petition against a new round of U.S. Navy exercises on the outlying island
of Vieques, transferring the case to federal court.

Superior Court Judge Ismael Colon agreed with arguments by U.S. Attorney
Guillermo Gil that the case was outside his court's jurisdiction.

The petition, brought by the municipality of Vieques and civic groups opposed to
Navy bombing practices, sought an injunction to block the next round of training,
which is due to start as soon as Monday on the island east of Puerto Rico.

The opponents of the training argued that the Navy exercises would be incompatible
with the U.S. Coastal Management Plan.

A federal court date has not been set to hear the case.

Puerto Rico's Planning Board decided in January that the Navy had failed to present
an environmental impact statement on the effect of bombing practices on coral reefs
around Vieques, in accordance with the federal Clean Water Act.

The Navy argues it is in compliance with federal laws and that it needs only inform
the Planning Board, not seek its permission, to carry out the exercises.

After Wednesday's decision in the eastern town of Fajardo, Vieques Mayor Damaso
Serrano said he would participate in protests during the upcoming exercises.

"Civil disobedience is the only tool that has had success in this fight and we'll keep
practicing it until the end," Serrano said.

The Navy has used its bombing range at Vieques for more than six decades.

Opposition to the exercises in Puerto Rico, a U.S. territory, grew after a civilian
guard was killed by off-target bombs on the range in 1999.

The Navy has used only inert bombs on Vieques since the accident. Hundreds of
protesters have been arrested for invading Navy lands in an effort to interrupt
exercises.

Opponents say the bombardment contaminates Vieques and threatens the health of
its 9,100 residents, accusations the Navy denies.

Last year, Puerto Rico's government brought a legal complaint in federal court
seeking to halt the bombing and alleging that it violated noise-control laws. But a
federal judge dismissed the case, ruling that Puerto Rico didn't have standing to sue
on the matter.

President George W. Bush has said the Navy should stop training on Vieques by
May 2003, and the Navy says it is searching for alternate sites.

Copyright 2002 The Associated Press.