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Boeing, Dow Chemical Fined 926 Million Over Nuclear Pollution
LOS ANGELES - A Denver, Colorado court has fined Dow Chemical Co. and Boeing Co. a combined 926 million dollars for property damages caused by plutonium contamination from a nuclear weapons plant.
The court set the fines in a judgement handed down late Monday after a jury found Dow and Rockwell International Corp, which Boeing bought parts of in 1996, responsible for damages claimed by thousands of property owners near the Rocky Flats (Colorado) Nuclear Weapons Plant in a trial that concluded in February 2006.
In the class action suit launched 18 years ago, some 12,000 plaintiffs accused Dow and Rockwell of allowing plutonium from the Rocky Flats plant to contaminate their property, especially residential areas downwind from it, endangering the residents' health and slashing their property values.
The court Tuesday fined Dow 653.3 million dollars and Boeing 508.1 million in compensatory damages, but then set a cap of 725.9 million dollars for both for compensating the plaintiffs, according to the ruling.
It also fined Dow 110.8 million dollars and Boeing 89.4 million in exemplary damages.
Boeing "is successor-in-interest to Rockwell International Corporation and has represented to the court that it is answerable for any judgement rendered against Rockwell International Corporation in this matter," Judge John Kane wrote in his judgement.
The lawyers for the property owners who sued the two companies cheered the judgement.
"Our clients are very pleased to have this judgement entered, this has been a long and very difficult process. They're very pleased to have their claims recognized and are looking forward to the conclusion of this very long and difficult process," Steven Kelly, attorney for plaintiffs, told AFP.
Dow said it would appeal the judgement and both Boeing and Dow said that ultimately the US Department of Energy was liable for the damages, having idenmified them when it contracted their work at the Colorado plant.
"As contractors at Rocky Flats, Dow and Rockwell are indemnified by the US Department of Energy," Dow spokesman Jarod Davis said in a statement.
"Consistent with our position in the past, we intend to appeal, and we are confident this judgment will be reversed."
"We are not going to be responsible parties here," Boeing spokesman Dan Beck told AFP.
"There will be no impact on earnings and balance sheet because of the indemnification."
Located about 25 kilometers (15 miles) northwest of Denver, the Rocky Flats plant was operated by Dow from 1953 to 1975, and then by defense contractor Rockwell until its closing in 1994; it supplied the plutonium triggers for the US nuclear bomb arsenal.
Fires, equipment leaks and loose storage controls during that period were the sources of significant releases of plutonium and other radioactive substances.
In 1989 the Federal Bureau of Investigation and the US Environmental Protection Agency raided the plant over alleged environmental crimes, ultimately leading to its shutdown.
© 2008 Agence France Presse
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16 Comments so far
Show AllFinally!!! Now what happens?
Maybe they can use Congress' billionaire handouts to the nuclear industry to pay their fines.
This court award is just for upfront PR purposes.
You can count on a higher court overturning or whittling down this sum to a financial slap on the wrist, on appeal. National Security, you know...!
"We are not going to be responsible parties here," Boeing spokesman Dan Beck told AFP.
At least he's telling it like it is...
Boeing would not have purchased Rockell interests unless they were pretty sure something like this would not happen.
A billion probably isn't anywhere near enough to bankrupt Dow or Boeing, so the site won't probably won't go superfund. Maybe it will.
How about criminal negligence and risking a catastrophe charges for the DOE, Dow and Rockwell employees who let this happen? Throw the book at them!
Union of Concerned Scientists reminds theres only one week left to submit YOUR cartoon for government interference in science! The much vaunted prize of an all expense paid trip to our nation's capitol could be yours!
http://www.ucsusa.org/scientific_integrity/science_idol/
The article plainly states that Boeing feels they are 'indemnified' by the US Dept of Energy (the Orwellian name for the agency that built nuclear weapons). This means they feel it will be the US taxpayers that pay this award.
And as pointed out, higher ranking judges that have been promoted (recommended by a Republican President AND approved by the Democrats in the Senate) based on their being better at protecting corporate interests will most likely overturn or whittle this down. Long term, probably the only effect here is that this judge just made a career limiting decision.
But still, its a good day!
(PS ... clean up of the site is already underway or almost complete. Its now on a map as some other Orwellian name like the "Rocky Flats Environmental Technology site" or something like that. They've been fighting locally in CO about how much clean up the DOE has to do. Of course, they've done the minimum .... and I won't go near the place despite all the nice looking hiking trails.)
yes, and I can only imagine the horrors off of the cape fear river from their plants in Wilmington, #4 reason I move from there to El Salvador,
beside one of the worst nuke plants in the country Southport, and horry county, SC having one of the highest leukemia rates for kids
wake up 'sheeples'
arrogant,greedy,ignorant,obese,xenophobic USA folks
NOT #1 country in the world, not at all
Viva La Revolucion
IMPEACH and hang in public all
these corporate fucks
Why are we still talking about that infinite time and money sink called Yucca Mountain when our corporate controlled government just dumps it's radioactive waste on downwinders? Will George and Laura use the No Child Left Alive school lunch program to dispose of the rest? Do I hear DU powered clusterbombs yet?
Okay, my age is showing. In 1962 Rachael Carson wrote "Silent Spring" which can be credited with starting the environmental movement. In my copy page 43 writes about the Rocky Mountain Flats Arsenal and the damage it was causing the community from chemicals leaching into the ground water and polluting the wells. Forty-six years later it is still a battle to do anything about the problem and now we have radioactive material to add to the list.
As is always the case with large corporations, instead of paying the fines, they can keep an army of lawyers employed just to drag the case out forever because it's cheaper than paying the fine. The same can be said for the Exxon Valdez settlement. ExxonMobil still hasn't paid the court settled fine and has opted for the perpetual litigation cycle to save money while the company makes record profits.
The lawyers will all be paid, their yachts launched, Dow/Boeing get some good press, the watchdogs and press get high marks, but not a penny of the huge fines will ever be paid. God Bless the United States of America!
"There will be no impact on earnings and balance sheet because of the indemnification."
Sure can see where the priorities are here. More money, more money, more money. Who cares about people?
I hate to say it but I agree with most folks who've written in. If in fact, these corporate clowns gave themselves an indemnity clause--which any federal trial and appellate judge trying to get promoted to the Supreme court will find and read between the lines as allowed under "common law" and common sense--we the People and taxpayers will once more foot the bill as "we" did in the Bear Stearns debacle.
Recall: _our legislators_ pay everything, from our armies and bombs to lawsuits and bank rescues with _our_ taxes.
But if you don't vote and don't volunteer to campaign for honest representatives, please stop whining about what the military-industrial-congressional complex does "in our name"...
I am enclosing an interesting site below. And yes, time and again, "they" hide behind the "national security" shibboleth...
So much for our "open" democracy.
http://www.opednews.com/articles/opedne_len_hart_080118_how_the_cia_created_.htm
Like the EXXON Valdez oil spill which drug out for decades and mired in the courts. It's astounding how the Government who's statutory duty it is punish the wrongdoers eventually ends up propping up the culprits. The best strategy may be to sever the DoE into a separate suit to strip the culprits of indemnification.
SRD-BCCM
http://www.bccmeteorites.com/misconduct-planetary.html
This is stupid. Nucular stuff is Green.
When Dow Chemical hasn't even been made to pay for the medical conditions caused by its Rainbow chemicals (most notably Agent Orange and white) to the US and Canadian serving Soldiers they contaminated in Vietnam and CFB Gagetown, Canada, what could possibly make anyone believe that they will pay up here? Billions for lawyers, lobbyists and to pay for elections but not a cent for their victims.
Cpl. Kenneth H. Young CD (Ret'd).