Thursday, January 7, 2016

Court Stays Decision on Balad Burn Pit


       On December 23, 2015, the Court hearing the Burn Pit Lawsuit ruled in favor of the service-members and  stayed the Motion for Partial Summary Judgment on the Balad Burn Pit issue. The Court also extended further discovery. The Honorable Roger W. Titus, US District Court Judge, held a hearing, on short notice, and determined that it was premature to make a decision as to  defendant Kellogg Brown & Root’s (KBR) involvement in the Balad burn pit. Click here to read the Order 352.

Monday, December 7, 2015

KBR’s Electronically Stored Information About Burn Pits at Issue

On Friday, December 4, 2015 the Court trying the Burn Pit Lawsuit held a hearing on the scope of KBR’s requirement to produce Electronically Stored Information (ESI). The Court did not yet reach a determination and has re-listed the matter on Monday, December 14, 2015. The Court requested that the US Attorney appear in an effort to assist in defining the scope of the production.

Wednesday, November 25, 2015

President Obama Signs the Expansion of Burn Pit Registry

Today President Barack Obama signed into law the expansion provisions of the Burn Pit Registry Act. The new law mandates that the Department of Defense (DoD) will provide the Department of Veterans Affairs (VA) Burn Pit Registry data. The VA will use the information to develop information concerning medical conditions following veteran's exposures to burn pit dust, fumes and other pollution generated from the use of burn pits in Iraq and Afghanistan.

Thursday, November 19, 2015

Social Security: Burn Pit Lung Illness is a Disability

The Social Security Disability program has listed Obliterative Bronchiolitis as a disability under its Compassionate Allowances Conditions (CAL). Obliterative Bronchiolitis is a pulmonary/lung disability causally connected to exposure to burn pits in Iraq and Afghanistan.

Saturday, October 17, 2015

A new generation’s Agent Orange: The waste of war in Iraq & Afghanistan

Waste environmental pollution caused by potentially hazardous emissions caused by the use of open-air burn pits during the conflict in Iraq and Afghanistan may have created a new generation’s “Agent Orange.”

Monday, October 12, 2015

Court Schedules Hearing on Balad Burn Pit Dispute

The Court has scheduled a hearing of the Balad Burn Pit dispute for January 19, 2016. Order [285]  Previously the Court stated, "The parties have not yet reached agreement on the identity of the burn pits subject to jurisdictional discovery. Plaintiffs allege KBR operated 100 burn pits, while KBR asserts it operated burn pits at 30 bases (and only at certain times). ... [T]he parties and the United States believe that resolution of this larger base-number dispute will likely narrow the scope of the litigation and discovery."  Order [273]

Friday, October 9, 2015

Legislation Strengthening The Burn Pit Registry Heads to President Obama

U.S. Senator Tom Udall joined the Senate in voting 70-27 for a major defense policy bill, the National Defense Authorization Act (NDAA). The bill -- the result of an agreement between the U.S. Senate and the U.S. House of Representatives -- includes several priorities Udall has championed. The bill includes Udall's measure to strengthen the open-air burn pits registry he created to help veterans who were exposed to toxic chemicals and fumes while deployed overseas.