Veterans and service members who believe they became sick because they were exposed to toxic fumes emanating from burn pits, as well as impure water, while in Iraq and Afghanistan cannot sue the government for damages, a federal court has ruled. The burn pits were used to incinerate trash, waste and other materials in or near combat zones. The Defense Department issued a contract to Kellogg, Brown and Root (KBR) Services Inc., a subsidiary of the Halliburton Company, to manage the pits.
Since then, past and present service members have filed 63 separate lawsuits contending that KBR is responsible for failure to “design, manage and operate the burn pits and water-purification systems safely.
In a June 20 opinion, a three-judge panel with the U.S. 4thCircuit Court of Appeals upheld a lower federal court ruling that both KBR and the Defense Department acted as prudently as possible in creating and operating both the burn pits and water-treatment facilities. The judges also ruled that the military – not KBR – held overall responsibility for their operation. As such, the Federal Tort Claims Act (FTCA) bars service members from suing the government for injuries or illnesses they sustain while in uniform.
“KBR could not unilaterally choose to use landfills, recycling, or incinerators,” Judge Henry F. Floyd wrote in the opinion. “KBR could not unilaterally bring bottled water from outside Iraq, as it depended on the military supply chain to transport anything.”
Those who believe the court wrongly interpreted the law can appeal their cases to the U.S. Supreme Court.
Also, while military members and veterans who become sick or hurt as a result of their service cannot sue the government, they can seek treatment and disability compensation for their conditions through the Department of Veterans Affairs.
