2021 CPEO Military List Archive

From: Lenny Siegel <LSiegel@cpeo.org>
Date: Tue, 28 Sep 2021 12:05:42 -0700 (PDT)
Reply: cpeo-military
Subject: [CPEO-MEF] PESTICIDES: Court Case over exposures at Marine Corps Base Hawaii
 
Military base pesticide exposure case belongs in state court - 9th Circ.

By Sebastien Malo
Reuters
September 27, 2021

A federal appeals court ruled Monday that military families that allege they were kept in the dark about pesticide contamination on a Hawaii Navy base can pursue their claims in state court, reviving their lawsuit against companies that rented homes to them on the base.

In a win for the families, a unanimous panel of the 9th U.S. Circuit Court of Appeals reversed a lower court ruling that had denied their bid to remand the case. The panel reasoned that under the statute that admitted Hawaii as a U.S. state, Honolulu shares jurisdiction with the federal government over the Marine Corps Base Hawaii (MCBH) on the island of Oahu.

Kyle Smith, who represents the tenants including Kenneth Lake, said that "we are pleased that Hawaii state courts will have the opportunity to rule on these important issues of Hawaii state law."

…

For the entire article, see
https://www.reuters.com/legal/litigation/military-base-pesticide-exposure-case-belongs-state-court-9th-circ-2021-09-27/

—

Lenny Siegel
Executive Director
Center for Public Environmental Oversight
A project of the Pacific Studies Center
LSiegel@cpeo.org
P.O. Box 998, Mountain View, CA 94042
Voice/Fax: 650-961-8918
http://www.cpeo.org
Author: DISTURBING THE WAR: The Inside Story of the Movement to Get Stanford University out of Southeast Asia - 1965–1975 (See http://a3mreunion.org)

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