[CPEO-MEF] American University Files Claim Against Army

[Aimee Houghton <aimeeh@cpeo.org>]

[Recently CPEO has put up a number of postings regarding the contamination 
at Spring Valley in Washington, DC.  On Friday American University filed a 
claim against the US Army under the Federal Tort Claims Act. The press 
release appears below.  Additionally, the House Government Reform 
Subcommittee on the District of Columbia will hold hearings on Spring 
Valley July 27th.  --Aimee]

American University Files Claim Against the Army

For Immediate Release: July 13, 2001
Contact: David Taylor 202-885-2121;
Todd Sedmak, 202-885-5950

WASHINGTON, D.C.--American University (AU) today filed an administrative 
claim with the United States Army seeking damages of $86.6 million arising 
from the Army's activities on the AU campus during World War I. AU is 
seeking damages under the Federal Tort Claims Act.

The discovery on campus of the Army's World War I chemical warfare materiel 
has required University officials to take significant measures to ensure 
the health and safety of AU students, faculty, and staff; to protect 
children who attend the University's Child Development Center; and to 
communicate timely and accurate information to the campus community.

The Army's conduct has already inflicted substantial damage on the 
University causing significant financial losses. AU now faces the prospect 
of incurring additional damages in the future for, among other things, 
costs related to the disruption of normal operations, temporary relocation, 
construction delays, potential loss of donations, and the University's 
academic reputation. Damages cited include:

· $8.6 million for past and future expenses for cleanup and remediation;
· $58 million for disruption of normal operations and potential damage to
reputation; and
· $20 million for construction delays.

In 1986, prior to construction of the AU sports center, University 
officials asked the Department of Defense to conduct an investigation to 
determine whether there was a potential threat to members of the campus 
community arising from the Army's chemical weapons testing activities 
during World War I. The U.S. Army Corps of Engineers (USACE) concluded that 
there was no evidence of the burial of munitions and that no further action 
was necessary.

In 1993, a construction crew building homes in the nearby Spring Valley 
area discovered buried World War I-era munitions. In response, the USACE 
initiated an investigation called "Operation Safe Removal" for the greater 
Spring Valley area, including the AU campus. The USACE collected and tested 
soil samples throughout the area, including on the AU campus. In June 1995, 
the Army issued a Record of Decision concluding that "there are no risks 
posed by hazardous substances that exceed acceptable risk levels for human 
health or the environment" in the testing area that included the AU campus. 
In addition, the Army "found no chemical warfare material, breakdown 
products or soil contamination that required further action within the site 
covered by the Record of Decision."

In 1999, the discovery of buried chemical munitions on property owned by 
the Republic of Korea, located near the AU campus, triggered another round 
of soil sampling and testing. Based on those test results, the USACE 
conducted additional testing on the AU campus that revealed elevated levels 
of arsenic at several sites, including the Child Development Center and the 
intramural athletic fields. The Corps is continuing to test for arsenic and 
other chemical agents on campus.

American University's top priority is the safety of the students, faculty, 
staff, and children of the campus community, and to achieve this, the 
University has taken and will continue to take all appropriate measures.

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Aimee R. Houghton
Associate Director, CPEO
122 C Street NW, Suite 700
Washington, DC  20001-2109
tel: 202-662-1888; fax: 202-628-1825
Email: aimeeh@cpeo.org
www.cpeo.org
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