Rocky Flats Nuclear Weapons Production Plant Verdict (June 2009)

Rocky Flats was a nuclear weapons production facility northwest of Denver, Colorado, owned by the U.S. Department of Energy. The Dow Chemical Company operated Rocky Flats from its inception in the early 1950s to June 30, 1975. Rockwell International operated the plant from the latter date to December 31, 1989. The FBI raided the plant in June 1989 after receiving reports that the plant posed critical public health and environmental threat.

Plaintiffs filed a class action lawsuit (Cook v. Rockwell Int’l Corp., et al.) on January 30, 1990, in which it was alleged that Dow and Rockwell, during their operation of Rocky Flats, released radioactive and non-radioactive substances into the surrounding area which damaged plaintiffs’ property and could have adverse impacts on their health.

Plaintiffs’ property diminution claims were tried beginning in October 2005. After a four and a half month trial, on February 14, 2006, the jury returned a verdict in favor of plaintiffs on their trespass and nuisance claims. In June 2008, the Court entered judgment for $926 million, including punitive damages and interest, against Dow and Rockwell.

Waite, Schneider, Bayless & Chesley serves as co-lead counsel for the class, along with the Philadelphia law firm of Berger & Montague. The case is currently on appeal to the United States Court of Appeals for the Tenth Circuit.