leroymoore

My comments on the $375 million settlement with Dow & Rockwell

In Democracy, Human rights, Justice, Nuclear Guardianship, Nuclear Policy, Plutonium, Rocky Flats on May 23, 2016 at 3:49 am

Earlier I posted John Aguilar’s Denver Post May 19, 2016, article about the $375 million settlement of the lawsuit against Rocky Flats operators Dow Chemical and Rockwell International. Here I will add three comments.

  1. This case was filed in 1990 and the verdict by the jury finding Dow and Rockwell guilty was reached in 2005. It’s been more than a quarter-century in the making, a long time to pay the downwind affected people, some of whom have died by now. Even with the settlement made, affected people will not receive compensation for a couple of years.
  2. It’s regretful that the judge in the case restricted it solely to harm to property value. When the case was originally filed, the plaintiffs sought compensation for decline of property value but also for harm to health. The judge unfortunately dropped the latter from the case as it went forward. At DOE’s Fermald, Ohio, plant that processed uranium for bombs, as a result of a citizen’s lawsuit, DOE paid for medical monitoring of affected people for 18 years, saving some because health problems were found early and relieving others who found that their health had not been harmed by any possible exposure. I was told by one of the official managing this medical surveillance that DOE personnel said they would never again pay for medical monitoring for people whose health may be endangered by exposure to toxins released from DOE plants.
  3. I am grateful that those in the designated area downwind of Rocky Flats will finally be compensated for loss to value of their property to the tune of $375 million. But neither Dow nor Rockwell will pay a cent of this. The money will come from the DOE, which means from the taxpayers. You and I will pay people for the carelessness of two companies operating the Rocky Flats plant. They and other companies working for the DOE nuclear weapons program are indemnified for any harm they do.
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  1. I wonder how many years before they actually pay. Another 26 years?

    The news article say payments are expected in about two years. One other wrinkle that I didn’t mention, is that the judge had upped the amount to be paid to $963 M, almost a billion dollars. The Supreme Court was expected to give a final decision and all expected they would go for this large amount. Dow & Rockwell proposed a settlement to get the smaller payment. I wonder if DOE pushed them to settle. We’ll probably never know.

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