JM 4-5.510
The Environmental Torts (ET) staff defends the United States in FTCA and other toxic-tort actions arising from contamination of the environment or exposure to chemicals or substances in the workplace and elsewhere. Some of the most visible examples of the litigation over the past few years have been those cases dealing with groundwater and air-dispersed contamination from chemicals, radiation experimentation on human subjects, crop injury due to herbicide exposure, mold exposure, lead paint exposure, carbon monoxide exposure, and asbestos exposure. Other ongoing litigation addresses complaints of property damage and/or personal injury allegedly caused by PCBs and dioxins, lead-based paint, Hantavirus, Valley Fever, Agent Orange, Legionnella bacteria, exposure to formaldehyde in government-purchased trailers, as well as other "sick building" toxins, munitions and ordnance, and biological agents. Many of these cases arise out of activities of the military, but they stem from other agencies' activities, as well.
Toxic tort litigation involves direct personal injury and/or property damage actions and third-party claims by manufacturers and suppliers for contribution and indemnity. Claims are filed under the Federal Tort Claims Act, the Suits in Admiralty and Public Vessels Acts, the Little Tucker Act, and against individual government employees seeking monetary damages. The ET staff litigates in the district courts and the U.S. Court of Federal Claims. Tort cases alleging negligence in the course of EPA's Clean-Up Activities are the responsibility of ET. Defense of vessel-caused pollution cases are handled by the Aviation & Admiralty staff.
Inquiries regarding toxic tort and asbestos litigation may be made by contacting the Director of the Environmental Torts Section.
[updated April 2018]