U.S. attorney requests dismissal of developer's case against Fort Detrick
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
U.S. attorney requests dismissal of developer's case against Fort Detrick
Posted: Friday, August 1, 2014 2:00 am
By Sylvia Carignan News-Post Staff
A U.S. attorney asked a judge Thursday to dismiss developer Waverley Views lawsuit against Fort Detrick.
The U.S. attorney representing Fort Detrick argued that an exception to the Federal Tort Claims Act protects the Armys waste disposal practices in the bases Area B. Waverley View sued the Army in May for neglecting to clean up chemical, radiological and biological contamination left over from Fort Detricks 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 Armys 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.