Supreme Court Refuses to Consider Rocky Flats Lawsuit

News of the Supreme Court action about the Rocky Flats nuclear weapons plant was nearly hidden in a week of momentous rulings on health care and an Arizona law.  The story begins in 1990 when a lawsuit was filed by landowners downwind of the plant following the FBI/EPA raid alleging environmental crimes. The jury in the original trial reached a verdict for the plaintiffs “…because of damages from plutonium contamination.” The decision was possible because one juror who wanted to rule for the defendants was removed by the judge after leaving the jury room to beg for someone to intercede and end harassment by jury members who wanted to find for the plaintiffs.

The announcement of the verdict made the headlines on the front page of the Denver Post in February 2006. Another front page story was written when the Denver-based

U.S. Circuit of Appeals threw out the verdict and sent the case back for a new trial. The court ruled, in part, that the evidence presented by the plaintiffs did not, “…reveal evidence of an increased health risk…” Testimony indicated that the exposure created an “…unquantifiable increased risk of health problems.” The ruling mentioned that irrational fear was not justification for damages.

The Supreme Court refusal to reinstate the judgment and send the case back for a new trial attracted much less news coverage.  The entry about from the ruling in the June 26, 2012 “Colorado Roundup” section of the Denver Post consisted of a headline and four sentences.

Bloomberg had an article by Bob Drummond that gives significantly more space to explaining the history of the suit and the decision of the Supreme Court. I find it curious that the local news barely found space to mention the story.

I have just received a library copy of Kristen Iversen’s book “Full body Burden, Growing up in the shadow of Rocky Flats.” The front flap says the book is “…a detailed and shocking account of the government’s sustained attempt to conceal the effects of the toxic and radioactive waste released by Rocky Flats…” Whoever wrote that statement had to ignore the substantial evidence that concludes Rocky Flats did not harm nearby residents. So far the courts agree with that conclusion.

“An Insider’s View of Rocky Flats, Urban Myths Debunked” is a book that is free on line for anyone interested in what actually happened at and around the plant. The book is also available in paperback and Kindle.