Soldiers Sue KBR-Halliburton For Toxic Exposure From "Burn-Pits"
A trickle of lawsuits by US soldiers against KBR-Halliburton for toxic exposure from enormous open "burn-pits' at US bases in Iraq and Afghanistan is turning into a deluge as the number of suits more than doubled in the last few weeks.
Dozens of US military personnel have filed 34 lawsuits against US defense contractor KBR for allegedly incinerating toxic waste and releasing it into the atmosphere in Iraq and Afghanistan.Susan Burke, one of the lawyers bringing the suits, said they have been filed over the past year, 18 of them in recent days.
"All the cases are being put together before a federal judge in Greenbelt, Maryland," she told AFP Tuesday.
"Every type of waste imaginable was and is burned on these pits, including trucks, tires, lithium battery, Styrofoam, paper, rubber, petroleum-oil-lubricant products, metals, hydraulic fluids, munitions boxes, medical waste, biohazard materials (including human corpses), medical supplies (including those used during smallpox inoculations), paints, solvents, asbestos insulation, items containing pesticides, polyvinyl chloride pipes, animal carcasses, dangerous chemicals and hundreds of thousands of plastic water bottles," the lawsuit claims.
This slow-breaking story includes wrongful-death suits from massive exposure to "thick, noxious smoke - coming off of flames sometimes colored blue or green by burning chemicals - to hang over U.S. bases and camps across Iraq and Afghanistan since 2004."
According to the complaints, "U.S. soldiers and other residents of themilitary bases and camps have become seriously ill, been diagnosed withserious and potentially fatal diseases and in some cases have died from the physical injuries and diseases caused by the exposure to hazardous smoke and fumes."The burn pits are so large that tractors are used to push waste onto them and the flames shoot hundreds of feet into the sky, according to the lawsuits.
We're talking about a lot of waste! For example...
(Joint Base) Balad's average daily output of almost 250 tons of waste is three times higher than the average of 83 tons per day generated by the city of Juneau, Alaska, which has a comparable population.
And of course the US military is fulfilling its primary responsibility to make the world safe for Halliburton, by denying the danger of even (relatively) short-term exposure to toxins like asbestos.
The U.S. military has acknowledged the concerns, but says its own testing of the most notorious facility, the Balad Air Force Base burn pit, concluded that there was no significant or prolonged health risk for those who were exposed less than a year.None of the three main agencies charged with determining, preventing or evaluating asbestos exposures - OSHA, the CDC, and the American Cancer Society - would agree. In their published opinions, no safe level for asbestos exposure has ever been established, and exposures ranging from a day to a lifetime have equal potential to trigger mesothelioma.
KBR is also being sued for toxic exposure by its civilian employees at US military bases in Iraq and Afghanistan, and the natural expectation has been that KBR would win this battle, like so many others, because it's protected from most private lawsuits under the Defense Base Act...
Settlements are voluntary and no one side can force the other to settle. Like most other workers' compensation systems, there are no damages such as pain and suffering. The amount of the settlement depends on what the employer/insurer could expect to pay if the case is not settled. Also, while there is a program where an Administrative Law Judge (ALJ) will mediate a case for the parties, there is no provision in the Act that allows an injured worker or employer/insurer to present the case before an ALJ to determine its value.
But ironically KBR may have undermined its own protection under the DBA with a scheme to avoid paying taxes on its humongous profits from our wars in Iraq and Afghanistan.
To avoid payroll taxes for its American employees, KBR hired the workers through two subsidiaries registered in the Cayman Islands, part of a strategy that has allowed KBR to dodge hundreds of millions of dollars in Social Security and Medicare taxes.That gives the workers' lawyer, Mike Doyle of Houston, a chance to argue to an arbitration board that KBR is not an employer protected by federal law, but a third-party that can be sued.
I guess you could call it "poetic justice," except that KBR-Halliburton is vanishingly unlikely to pay out more than a very small fraction of the hundreds of millions of dollars in taxes which it successfully dodged.
Meanwhile even our weathervane of a President has felt the wind shift against KBR, and on October 28, 2009...
President Obama signed into law the National Defense Authorization Act (H.R. 2647), which includes important provisions authored by Congressman Tim Bishop (NY-1) to protect the thousands of troops exposed to toxic, open burn pits used in Iraq and Afghanistan.For months, Congressman Bishop has led the fight, along with other Members and national military and veterans organizations, to prohibit the use of these dangerous burn pits and to provide medical support to the thousands of troops who have been exposed to them.
But this bold legislative initiative was only enacted five months after a landmark $12.1 million judicial decision in favor of of US Navy machinist who was exposed to asbestos way back in the Sixties...
The good news for plaintiffs is that a recent case, filed by former U.S. Navy machinist Charles H. Cundiff against two manufacturing firms that used asbestos in their products, has been decided in favor of Cundiff.The manufacturers, John Crane, Inc. and Lone Star Industries, have been ordered to pay Cundiff and his spouse $12.1 million for asbestos exposure he incurred while handling asbestos-laden products (Insulag and insulating cement) when working on a naval ship in the 1960s. The exposure resulted in mesothelioma, which has so weakened Cundiff that he did not appear at a May 11 hearing and his deposition was used in testimony instead.
This case was the handwriting on the wall for KBR and its open-air incineration of asbestos and other toxic wastes in Iraq and Afghanistan, but the last word belongs almost irretrievably to an obituary in the Booneville (Arkansas) Democrat, an obituary which has now disappeared from their website and only exists online as the fragmentary result of a Google search for Charles H. Cundiff.
Charles H. Cundiff, 66, of Charleston, passed away Friday, Oct. 23, 2009 in Charleston. He was born March 1, 1943 in Eudora to Cary Carl Cundiff and Maude ...
















Ruta,
Thank you for bringing up this topic, the impact of which -- despite the class action suits that have been going on for years, everywhere -- is routinely dismissed and denied, in whatever circumstance, wherever. Not only by the Federal government, but also by state, county and city officials.
Why should we be surprised, then, that the official US military "testing" of Fort Balad came out "clean enough" when, for example, the citizens of Manhattan and adjacent boroughs were told, after 9/11, that the building materials released in that cloud did not represent any significant health hazard?
http://www.asbestosnetwork.com/news/nw_091203_911_asbestos.htm
Of course we knew that could not be true. But the thought of being exposed to lethal toxins, and the liability for same, is apparently so frightening that it is easier to deny it than to do something about it.
I'm sorry to say to those who have never personally experienced it that downplaying the environmental and health hazards that toxic burn clouds cause are not restricted to the owners of factories and the poobahs of military bases abroad.
On the contrary, one of the most frightening aspects of any natural disaster -- hurricane, flood, tornado, earthquake, etc. -- is that clean-up crews are given carte blanche to gut and often demolish damaged buildings with heavy equipment that sends up clouds of comingled toxins that are so dense they become visible to the eye, even in daylight. From the neighborhoods, when it is too late for them to be sorted, they are then carried in open truckbeds to designated burn sites like the ones in Iraq, where materials are burned, at night, until the sky for miles turns red and orange and gray, dense with metallic-tasting particles of god knows what. This goes on for months, endangering everyone, not only within a given mile radius, but also everyone who lives within prevailing wind patterns, hundreds of miles away.
The toxic cloud carnage created after the Gulf Coast hurricane in 2004 was something I personally saw, and tasted and breathed night after night for four months.
NO ONE INVOLVED IN THESE CLEAN-UP, WHETHER FEMA, THE INSURANCE INDUSTRY, PRIVATE CONTRACTORS, OR EVEN MOST BUSINESS AND HOMEOWNERS, GIVES A DAMN.
November 12, 2009 9:27 AM | Reply | Permalink
Thanks for your comment, wwstaebler.
I had never heard of or even imagined the burn-off of hurricane wreckage on the Gulf Coast until I read your post. It's a particularly striking example of irresponsibility outrunning all legal restraint, and I guess the only excuse anyone could make for it is that it was cheap.
November 12, 2009 9:56 AM | Reply | Permalink
If you want to see another aspect of the surreal quality of this issue, track down the bill presented by KBR to the US for services rendered in disposing of these materials, (bulldoze into pit, douse with gas, torch, walk away). I love the Cayman subsidiaries aspect of the prosecution's case. Thanks for this report rootie.
November 12, 2009 10:07 AM | Reply | Permalink
The PVCs freak me out as much as the asbestos.
I'm glad for the Bishop bill (HR 2647), and your grudging respect for Obama signing it.
Our nearest neighbor burns his trash in barrels, for Christ's sakes. We have had wars with him for years over other matters, so we never asked him to quit. He's a former Marine with severe Issues, so we choose our battles. A few weeks ago our house filled up with his toxic smoke from six burn barrels: plenty of plastic by the smell. My husband has asthma, and could hardly breathe. I made the call; he hung up on me, but he did put the fires out, for then. He always waits, of course, until the wind is heading away from his house, toward ours. "Everybody does it," he said. "It's dangerous, and probably illegal," I said. "You are killing us." Click.
I've heard some interviews with some of the soldiers who breathed in the toxins, and what they were told to allay their fears, as you say. Humbug. Thank you, Dick Cheney and friends.
November 12, 2009 11:39 AM | Reply | Permalink
"Grudging respect" for Obama signing the bill is even an exaggeration, and Obama is in exactly the same category as polluters who develop abatement plans under court order. "Sovereign immunity" is the only reason that the Navy wasn't a defendant in Charles H. Cundiff's landmark case, and for the last nine months all that burning asbestos in Iraq had Obama's fingerprints all over it. He could have turned it around at any time after January 20, without waiting for Bishop's bill to crawl through the House.
I admire your patience about toxic smoke from your neighbor's barrels, and if you don't mind a suggestion from somebody who doesn't know fuck-all about what else is happening in your neighborhood...
Maybe it would help if you offered to haul the trash away yourself, if it's feasible for you. It's obviously a hassle, but if your husband is literally suffocating, maybe it's worth a try.
Good luck to you and yours, wendy!
November 12, 2009 1:21 PM | Reply | Permalink
Well, thanks for the thought about the neighbor, ruta. He is a violent man, and I am almost always on his wrong side. I will suggest the plan to my husband, though. I'd rather just shoot him, though. ;-{ I try to deal with his wife when I can. The PCBs, though, permeate lung tissue, too, though I don't know if the syndrome's been named.
I meant that the cavaliere attitude is what is evil; as long as 'I' don't have to breathe it, etc. I wish that judges (or my evil twin does) that Cheney, his board, KBR's board, could be sentenced to breathe in the results of their greedy, manipulative, money-grubbing, death-causing monetary corporate-war-profiteering policies. Or live in the FEMA-formaldehyde trailers...or...well, you get the drift.
November 12, 2009 1:50 PM | Reply | Permalink
Hey Wendy -- I hear your neighbor toxin pain.
Long before the mega toxin exposure I had after Hurricane Ivan, I had an idyllic, if suitably small horse farm that was sited between two working soybean/corn farms. Much to my dismay, both neighbors not only crop-dusted, but waited to spray until it was a sure thing that the wind was headed away from their own houses and barns. Which too often left my family, pets and horses in their crossfire. I didn't even try to talk them into doing without their chemicals. But I did ask nicely if the pesticides had to be dusted, rather than being distributed at ground level. You can imagine the "Listen, little lady" comments I got in response. I then asked if they might coordinate their spray schedules for days when the wind was blowing away from all of us toward undeveloped land; finally, when I got no cooperation about that, either, I threatened to complain to the farm bureau (that at least got a laugh). After putting up with it for two years, I sold the farm.
Aside from the valid concerns these experiences engender about our own health and the health of our families, these stories illustrate one of the fundamental things that is wrong with us as a country -- the "every man (or woman) for himself/herself" syndrome that has gotten worse, not better, since the early days of organic farming awareness.
When will we become our brothers and sisters' keepers? Whether the toxin is asbestos, or pesticides, or methane or radium or co-mingled sources? There is no here versus there anymore, if there ever was.
November 12, 2009 2:00 PM | Reply | Permalink
Thanks, wendy, ever so. My brain sometimes forgets that readers can't automatically follow my personal metaphors and connections. You helped me feel less a fool; that'sprobably a good thing! ;-)
Another neighbor started a huge brush pile on fire the other day in the middle of 30mph winds--in our direction. I swear, some people are just too stupid to live. Both problematic neighbors are Texans, though I probably am a bigot to mention it. Yet another nieghbor (crikey, he's a Texan, also!) came over and fetched a few hundred feet of our hoses and connected them to an outdoor fawcet, just in case. I did tell him I wouldn't be on my freaking front porch with a hose if the fire came; I'd be high-tailin' it out with my computer and the fire bag I keep packed.
I checked with the Sheriff Dept.; no laws being broken: Too Ignorant to Live ain't against the law. They did, however, let me know that if the fire came onto our land we could always call 911. Ah, what geniuses!
Anyway, thanks.
November 12, 2009 8:57 PM | Reply | Permalink
Thanks for doing the research on this, Rootie. Here's a pretty vivid account of the conditions, etc., from the NYTimes:
Jet fuel. U.S. citizens have funded the burn pits for years with tax dollars and wasted jet fuel.
I thought that Russell Keith guy at the beginning of the article sounded smart, right? So what's he up to these days, I wondered.
I also found it interesting that Rick Lamberth, a former KBR employee, would testify before the Senate Democratic Policy Committee.
Still turn a profit.
The obvious was stated at the hearing:
And while Congress dicks around forming commissions:
November 12, 2009 9:12 PM | Reply | Permalink
Thanks for filling in the human dimension, gasket. I can barely think about any of this nightmare any more, and some of the anecdotes... small black holes showing up all over soldiers' lungs... are just more than I can handle.
About the "Truman Commission..."
Everybody's favorite self-delighted liberal radio personality Rachel Maddow recently told her audience to google the "Truman Commission," and it actually made the top ten Google searches for a day.
This was virtually useless, because googling "Truman Commission" brings up a lot of garbage links, and most of the info is hiding under "Truman Committee," which actually existed, unlike the "Truman Commission," which didn't.
The Committee itself wasn't exactly a reign of terror on war profiteers, as it's sometimes portrayed, and it usually gave offenders a heads-up and a chance to "reform" before its very small hammer came down.
What we really need is something more like the Committee of Public Safety, of which Rutabaga Ridgepole would be an ideal chairman!
"Pity is treason!"
November 12, 2009 9:58 PM | Reply | Permalink
In addition to the soldiers, I think about the long-term health effects of the people who live in Iraq and Afghanistan.
So let's talk about the economy instead?
Okay, never mind.
November 12, 2009 10:19 PM | Reply | Permalink
Although it's off-topic, you caught me at a moment when I was actually trying to think about our nonsense financial services industry, so...
From your link...
This is so obviously essential to preventing further defaults that visitors from a distant planet would be amazed that it hasn't already happened. Millions of houses were sold at prices which could only be sustained by unlimited expansion of the housing bubble, meaning that their owners would never, ever be able to make the balloon payments or re-adjusted monthly payments above 2 or 3 percent.
But in the short term, write-downs of the principal balance would immediately show up as losses on the banks' balance sheets, and further expose zombie banks for what they are.
So the banks are fighting tooth and nail against write-downs, although much greater losses will devolve upon the Fed and US Treasury when the houses are eventually foreclosed.
And why don't the feds just pay off the difference between the real and paper values of mortgages, and give everybody a fresh start?
What a beautiful idea!
...if they can find about $3,000,000,000,000 to make it happen.
("Wait! How did you come up with that fantastic number?"
"Go figure it out for yourself!")
November 12, 2009 11:39 PM | Reply | Permalink