Environmental lawsuit Area 51
area 51 viewed distant tikaboo peak
a closed-circuit tv camera watches on perimeter of area 51
in 1994, 5 unnamed civilian contractors , widows of contractors walter kasza , robert frost sued usaf , united states environmental protection agency. suit, in represented george washington university law professor jonathan turley, alleged had been present when large quantities of unknown chemicals had been burned in open pits , trenches @ groom. biopsies taken complainants analyzed rutgers university biochemists, found high levels of dioxin, dibenzofuran, , trichloroethylene in body fat. complainants alleged had sustained skin, liver, , respiratory injuries due work @ groom, , had contributed deaths of frost , kasza. suit sought compensation injuries had sustained, claiming usaf had illegally handled toxic materials, , epa had failed in duty enforce resource conservation , recovery act (which governs handling of dangerous materials). sought detailed information chemicals allegedly exposed, hoping facilitate medical treatment of survivors. congressman lee h. hamilton, former chairman of house intelligence committee, told 60 minutes reporter lesley stahl, air force classifying information area 51 in order protect lawsuit.
citing state secrets privilege, government petitioned trial judge u.s. district judge philip pro (of united states district court district of nevada in las vegas) disallow disclosure of classified documents or examination of secret witnesses, alleging expose classified information , threaten national security. when judge pro rejected government s argument, president bill clinton issued presidential determination, exempting called, air force s operating location near groom lake, nevada environmental disclosure laws. consequently, pro dismissed suit due lack of evidence. turley appealed u.s. court of appeals ninth circuit, on grounds government abusing power classify material. secretary of air force sheila e. widnall filed brief stated disclosures of materials present in air , water near groom can reveal military operational capabilities or nature , scope of classified operations. ninth circuit rejected turley s appeal, , u.s. supreme court refused hear it, putting end complainants case.
the president continues annually issue determination continuing groom exception. this, , tacit wording used in other government communications, formal recognition u.s. government has ever given groom lake more part of nellis complex.
an unclassified memo on safe handling of f-117 nighthawk material posted on air force web site in 2005. discussed same materials complainants had requested information (information government had claimed classified). memo removed shortly after journalists became aware of it.
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