Environmental Lawsuit
In 1994, five unnamed civilian contractors and the widows of contractors Walter Kasza and Robert Frost sued the USAF and the United States Environmental Protection Agency. Their suit, in which they were represented by George Washington University law professor Jonathan Turley, alleged they had been present when large quantities of unknown chemicals had been burned in open pits and trenches at Groom. Biopsies taken from the complainants were analyzed by Rutgers University biochemists, who found high levels of dioxin, dibenzofuran, and trichloroethylene in their body fat. The complainants alleged they had sustained skin, liver, and respiratory injuries due to their work at Groom, and that this had contributed to the deaths of Frost and Kasza. The suit sought compensation for the injuries they had sustained, claiming the USAF had illegally handled toxic materials, and that the EPA had failed in its duty to enforce the Resource Conservation and Recovery Act (which governs handling of dangerous materials.) They also sought detailed information about the chemicals to which they were allegedly exposed, hoping this would facilitate the medical treatment of survivors. Congressman Lee H. Hamilton, former chairman of the House Intelligence Committee, told 60 Minutes reporter Leslie Stahl, "The Air Force is classifying all information about Area 51 in order to protect themselves from a lawsuit."
Citing the State Secrets Privilege, the government petitioned trial judge U.S. District Judge Philip Pro (of the United States District Court for the District of Nevada in Las Vegas) to disallow disclosure of classified documents or examination of secret witnesses, alleging this would expose classified information and threaten national security. When Judge Pro rejected the government's argument, President Bill Clinton issued a Presidential Determination, exempting what it called, "The Air Force's Operating Location Near Groom Lake, Nevada" from environmental disclosure laws. Consequently, Pro dismissed the suit due to lack of evidence. Turley appealed to the U.S. Court of Appeals for the Ninth Circuit, on the grounds that the government was abusing its power to classify material. Secretary of the Air Force Sheila E. Widnall filed a brief that stated that disclosures of the materials present in the air and water near Groom "can reveal military operational capabilities or the nature and scope of classified operations." The Ninth Circuit rejected Turley's appeal, and the U.S. Supreme Court refused to hear it, putting an end to the complainants' case.
The President continues to annually issue a determination continuing the Groom exception. This, and similarly tacit wording used in other government communications, is the only formal recognition the U.S. Government has ever given that Groom Lake is more than simply another part of the Nellis complex.
An unclassified memo on the safe handling of F-117 Nighthawk material was posted on an Air Force web site in 2005. This discussed the same materials for which the complainants had requested information (information the government had claimed was classified). The memo was removed shortly after journalists became aware of it.
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