Environmental and related product liability tort actions, whether involving mass numbers of parties or only a few, are handled directly by ET attorneys. Given long latency periods, the litigation often is not filed until decades after exposure. The cases can require massive and prolonged discovery involving millions of documents and the analysis of convoluted and complex fact situations. For example, many of our cases, fact issues have spanned a period since prior to World War II.

United States Attorneys confronted with environmental and related product liability tort claims against the United States shall contact ET as early as possible, preferably before suit. ET is prepared to assume primary responsibility for toxic tort litigation as described within JM 4-5.510.

It should be noted that tort suits alleging breaches of duty arising directly from regulatory activities of the government generally are within the purview of the Federal Tort Claims Act staff, and should be directed to that staff. See JM 4-5.600. Matters involving clean-up activities of the Environmental Protection Agency, however, should immediately be brought to the attention of ET. Such cases should be handled jointly with the Environment and Natural Resources Division. Defense of vessel-caused pollution cases are handled by the Aviation and Admiralty staff.

ET's expertise developed in the asbestos litigation has led to the assignment of certain contract (Little Tucker Act and Tucker Act) cases to ET. Cases asserting implied warranties or indemnities arising out of contracts for government purchase of products made in conformity with government specifications where said products' alleged toxicity caused personal injuries should be referred to ET. See, e.g., Hercules v. United States,516 U.S. 417, 116 S.Ct. 981 (1996) (Agent Orange); Lopez v. A.C. & S., 858 F.2d 712 (Fed. Cir. 1988), cert. denied, 491 U.S. 904 (1989) (asbestos). In addition, cases where government contractors seek to invoke indemnity provisions to be held harmless from environmental regulatory claims and tort claims should be referred to ET.

[updated April 2018]