Oh Sweet Jesus (to quote my good friend Kathy) it is official, although not surprising, Texas is suing DHS for the National Bio and Agro Defense Facility (NBAF). On Thursday, the Texas Biological and Agro-Defense Consortium, the group bidding for the NBAF  in San Antonio, Texas, filed a solid, legally sound (my opinion) notice of intent to sue the Department Homeland Security with the U.S. Court of Federal Claims ( full complaint below). The group plans to have the site decision, vacated and demand that all preparatory work on the project be halted.  Some of the “newly” cited reasons in the lawsuit are,  “serious irregularities in the decision-making process, improper political influence, and disregard for public safety”. 

“Disregard for public safety”? You think? But wait it gets better! Now, individuals from respective “losing” states (I use that term loosely) namely Georgia and Texas are now making the “public safety” argument that consists of the same concerns expressed by citizens opposing the NBAF during the site selection. Only now these concerns are reasons for a lawsuit? Consider this for example:

He said the site was improperly chosen because DHS ignored the high risk of tornadoes in the region, pointing to a tornado with 200 mph winds that struck the site last year. Kerr said damage to the facility could cause the release of deadly airborne pathogens — an allegation disputed by Kansas officials.

 The Texas Consortium’s chairman, John Kerr, called the selection of the Manhattan, Kan., site “grossly irresponsible, the equivalent of playing Russian roulette with Mother Nature.”

And then Georgia pipes in.

We don’t want to create our own bio or agro disaster because of a bad facility,” Broun told POLITICO Wednesday.  “Any place in the country could have potential tornadoes, but Manhattan, Kan., is notorious.”


I can appreciate a through review of  the NBAF, NEPA process the lawsuit will provide but as I have said before Texas has its own issues we should be concerned about absent the NBAF. Moreover, truth is DHS’s own study, the NBAF Final Environmental Impact Statement states that “a moderate to severe tornado could “cause catastrophic consequences, including the destruction of exterior and interior walls”. Which means IN THE EVENT OF A TORNADO…(like in 2007) cows will as pigs can…FLY! and joining them on their short flight will be their nasty new bugs. Just think about it folks, DHS is asking for the LOWEST bidder to construct the damn thing and how do you cut costs? you cut corners. What’s that ole saying? “you get what you pay for”, Well this time let’s hope not.

Download Press Release: Lawsuit Challenges DHS Bio-Terrorism Facility in “Tornado Alley”

Download Texas Biological and Agro-Defense Consortium Final Complaint

More to come…