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Groom Lake suit sent to Las Vegas

WASHINGTON -- A lawsuit by former workers at the Air Force's Secret Groom Lake base against the Environmental Protection Agency was transferred Friday from Washington to Las Vegas

U.S. District Judge Charles R. Ritchie of Washington said he was transferring the suit filed earlier this month so a federal judge in Nevada can decide if it should be consolidated with another Groom Lake suit filed earlier this week in Las Vegas.

"This facility primarily is in Nevada, and if the witnesses wish to testify, it would be more convenient for them to do so in Nevada," Ritchie said.

Ritchie said U.S. District Judge Philip Pro of Las Vegas will determine if the lawsuits should be consolidated.

Ritchie issued the ruling after a 20-minute hearing Friday with Jonathan Turley, a George Washington University law professor, who filed both suits, and Justice Department lawyer Richard Sarver, who will represent the government in both cases.

The ruling was a setback for Turley, who had hoped to pursue the lawsuit against EPA in Washington.

Both suits stem from charges by former Groom Lake workers that they were injured by toxic fumes from the illegal burning of hazardous waste after defense contractors brought it to the secret base, 35 miles west of Alamo.

In a suit filed Aug. 2 in U.S. District Court in Washington, six unnamed former Groom Lake employees accused EPA of failing to meet its legal obligation to inspect the facility.

A second lawsuit, filed Aug. 15 in U.S. District Court in Las Vegas, accused defense and intelligence agencies of trying to cover up hazardous waste violations at Groom Lake. The plaintiffs in that suit include six unnamed former Groom Lake workers and Las Vegas widow Helen Frost.

"I don't think today's ruling is going to change the outcome of the case, but the volunteer lawyers who are working on it will have to make repeated trips to Nevada to litigate issues which could be decided here," Turley said.

Turley told Ritchie he did not think it would be necessary for his clients to testify in the case against EPA. He said he could prove without their testimony that the secret base at Groom Lake exists, and that EPA has failed to inspect it.

But Ritchie said the government may want the plaintiffs to testify. The judge also raised the possibility that Nevada could be held liable in the lawsuit against EPA.

"States have various responsibilities including implementing waste management programs and submitting them to the EPA administrator for approval," Ritchie said. "I take it you have sued the state of Nevada."

Turley said he had not. He acknowledged that Nevada has jurisdiction over Groom Lake, but said all decisions regarding inspections of the secret base are made by EPA, which bears ultimate responsibility.

But Ritchie was not persuaded, and noted that it was within his discretion to transfer the suit.

Turley said he was prepared for an early trial date, but Sarver said the government was not.

"I have not yet received a security clearance to learn all the facts," Sarver said.

"You mean a lawyer like you from the Justice Department doesn't have a security clearance?" Ritchie asked Sarver.

Sarver, a former lieutenant colonel in the Air Force, answered that his application for a security clearance was submitted on Monday and was being expedited.

"You'll probably go out to Las Vegas. It's not a bad place," Ritchie told Sarver. "You can take in some good shows."