leroymoore

$375 million settlement reached in homeowner lawsuit against Rocky Flats

In Environment, Human rights, Justice, Plutonium, Rocky Flats on May 20, 2016 at 2:47 am

By John Aguilar, The Denver Post, 5-19-2016

A $375 million settlement has been reached in a long-running class action lawsuit between operators of the former Rocky Flats nuclear weapons plant and thousands of homeowners who lived downwind of the facility.

The settlement, which must still be approved by a federal judge, brings to an end a 26-year legal saga that began when homeowners living east of Rocky Flats accused the plant’s operators, Rockwell International Corp. and Dow Chemical Co., of devaluing their properties due to plutonium releases from the plant.

The suit, which includes as many as 15,000 homeowners in an area encompassing neighborhoods surrounding Standley Lake, was first filed in 1990.

“Both sides are satisfied with the settlement,” Merrill Davidoff, lead attorney for the plaintiffs, told The Denver Post Thursday morning.

Davidoff confirmed the settlement amount.

According to court filings, the property class includes all those who “as of June 7, 1989,” owned property in the affected area.

Davidoff said final approval of the settlement by a federal judge and establishment of a claims filing process for homeowners could be “months away.”

Rachelle Schikorra, a spokeswoman for Dow Chemical, said her company’s share of the settlement total is $131.25 million.
“The U.S. Department of Energy authorized the settlement, and Dow fully expects to be indemnified for the full cost of the settlement,” she said. “This settlement resolves 26 years of litigation, and Dow believes this settlement is the right decision for the company and its shareholders.”

A spokesman for the DOE had not yet returned a request for comment Thursday morning.

The settlement, which was reached late Wednesday, puts to an end a case — dubbed Cook et al. vs. Rockwell International — that has been through multiple bends and turns in federal court for the past quarter of a century.

In 2006, a jury ruled in favor of the plaintiffs and a federal judge awarded them $926 million. But in 2010, that award was thrown out by the 10th U.S. Circuit Court of Appeals, which ruled that the jury reached its decision on faulty instructions that incorrectly stated the law.

 

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  1. Dear Dr. Moore,

    Thank you for your work over the years on this subject. Could you tell me if this claims group is the legitimate clearinghouse for the settlement, if you know?

    Someone forwarded the information to me via the website below and I did not know whether to share it with my neighbors.

    http://www.rockyflatssettlement.com/

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