2014 CPEO Military List Archive

From: Lenny Siegel <lsiegel@cpeo.org>
Date: Fri, 1 Aug 2014 08:43:26 -0700 (PDT)
Reply: cpeo-military
Subject: [CPEO-MEF] VOCs, LITIGATION: "The law requires no such miraculous foresight,” says U.S. attorney at Ft. Detrick (MD)
U.S. attorney requests dismissal of developer's case against Fort Detrick

By Sylvia Carignan
Frederick News-Post (MD)
August 1, 2014

A U.S. attorney asked a judge Thursday to dismiss developer Waverley View's lawsuit against Fort Detrick.

The U.S. attorney representing Fort Detrick argued that an exception to the Federal Tort Claims Act protects the Army's waste disposal practices in the base's Area B. Waverley View sued the Army in May for neglecting to clean up chemical, radiological and biological contamination left over from Fort Detrick's decades of research.

The exception "protects decisions to bury chemical waste in unlined pits because there were no applicable mandatory and specific directives at the time of disposal," the U.S. attorney said in court documents.

Though Waverley argued it was the Army's duty to clean up the contamination, the U.S. attorney said that the Environmental Protection Agency had not yet regulated certain contaminants when Fort Detrick first started disposing of waste at Area B, and therefore, could not have known that they were dangerous.
"The law requires no such miraculous foresight," the U.S. attorney said.


For the entire article, see
http://www.fredericknewspost.com/news/crime_and_justice/courts/u-s- attorney-requests-dismissal-of-developer-s-case-against/ article_e08b3812-a5a8-5615-b4e3-c50ff5210d9b.html

You may need to copy and paste the link.


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918

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