Judge: Military contractors can be sued - Marine Corps News | News from Afghanistan & Iraq - Marine Corps Times

Judge: Military contractors can be sued

WASHINGTON — Military contractors can be sued by soldiers and others who allege they were harmed by improper waste disposal while serving in Iraq and Afghanistan, a federal judge has ruled.

U.S. District Judge Roger W. Titus ruled in Maryland last week that Houston-based military contractors Halliburton Co. and KBR are subject to lawsuits alleging the contractors exposed soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.

Titus is overseeing 43 lawsuits filed in 42 states on the issue. The plaintiffs claim the waste disposal methods used by the contractors caused serious physical injuries, including cancer and permanent respiratory damage.

Attorneys for the contractors sought to have the lawsuits dismissed, saying it would require the courts to evaluate sensitive military decisions without the necessary knowledge or expertise.

Titus agreed the courts must treat such lawsuits with caution to protect military missions abroad.

"Courts must be careful not to pass judgment on matters outside their realm of competence, and especially in national security matters entrusted to other branches of government," Titus wrote in his ruling.

He ultimately concluded, however, that the courts should hear the cases so that people who may have been harmed have a chance to make their case. Titus said both sides should proceed in such a way that the military would not have to deal with intrusive requests for information.

Heather Browne, a spokeswoman for KBR, said in a written statement that the firm was confident that the evidence will "confirm that it performed waste disposal and water services pursuant to military direction and guidelines."

Attorneys for the plaintiffs and a Halliburton spokesman did not immediately respond to requests for comment.