Environmental Posts

A Long, Complex Environmental Class Action Settlement

Environmental class action lawsuits are rarely simple and straightforward. For Dow and Rockwell, the two companies that operated the Rocky Flats Nuclear Power Plant, a 1990 class action would take more than 26 years to settle. The process included a trial over four months long, two appeals in the Tenth Circuit Court of Appeals, and two rounds of briefing regarding petitions for writs of certiorari from the U.S. Supreme Court. Though the action began in 1990, the $375 million settlement…

Case Study: Rocky Flats Environmental Settlement

A $375 million settlement was approved in a lawsuit against the former operators of the Rocky Flats Nuclear Plant. The lawsuit alleged that Dow and Rockwell, the two companies that operated Rocky Flats from 1952 through 1989, released radioactive hazardous substances into the surrounding area. Filed in 1990, the environmental class action suit also alleged that the Defendants caused the properties owned by class members to be contaminated with plutonium which caused the properties’ values to be less than they…