Plaintiffs Appeal Dismissal of Fort Detrick Pollution Case

BALTIMORE (AP) — Plaintiffs in a class-action lawsuit are appealing a federal court’s dismissal of their allegations that the Army’s reckless handling of chemical and biological toxins caused cancer and deaths among people living near Fort Detrick in Frederick.

Attorneys Michael Hugo and Christopher Nace filed a notice of appeal Wednesday in U.S. District Court in Baltimore.

Judge Catherine Blake dismissed the lawsuit Aug. 11. She ruled that the plaintiffs had not met a threshold requirement of proving the Army lacked discretion over how to dispose of hazardous waste.

The plaintiffs had argued that executive orders signed by President Richard Nixon mandated rules for handling hazardous waste at federal facilities. Blake likened the executive orders to policy guidelines.

The appeal to the Fourth Circuit Court of Appeals is due by Oct. 11.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Leave a Reply

Fill in your details below or click an icon to log in:

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

More From CBS Baltimore

Track Weather On The Go With Our App!
Your Podcast Network

Listen Live