Judge Throws Out Lawsuit by Groom Lake Workers

Thursday, March 7, 1996 | 11:59 a.m.

U.S. District Judge Philip Pro Wednesday dismissed the suit, which alleged the military committed and concealed environmental crimes at the secret base 80 miles north of Las Vegas.

Attorney Jonathan Turley said he will appeal the case to the 9th U.S. Circuit Court of Appeals, and will ask Pro to reconsider his decision.

The workers contend they contracted illnesses and injuries as a result of the open pit burning of hazardous wastes at the base.

The base has been the site of testing of some of America's most sophisticated aircraft, including the U-2, F-117A Stealth fighter and SR-71 Blackbird reconnaissance plane.

"This is simply the end of the first stage of litigation," said Turley, a George Washington University law professor. "From the very beginning of this case we anticipated an appellate fight over these questions."

In February 1995, the government declared that any release of information was a threat to national security.

Air Force Secretary Sheila Widnall invoked the military and states secret privilege, citing the potential for "exceptionally grave" consequences to national security. When the workers challenged that decision, President Clinton in September signed an exemption allowing the secrecy to continue.

Turley said the workers had achieved something of a victory in being able to bring the lawsuit in the first place, and forcing the government to get a presidential exemption.

The lawsuit was one of two brought by the workers. Pro dismissed another complaint in January.