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Raytheon Shifts Homeowners' Lawsuits To Federal Court
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Published: May 13, 2008
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Raytheon is making a federal case out of two class-action lawsuits filed by homeowners in St. Petersburg.
The law firm of Kirkland and Ellis filed a "removal of an action" petition that automatically moves two lawsuits filed against Raytheon to federal court.
Those lawsuits arose after a Target Eight/Tampa Tribune investigation in March revealed toxic waste from Raytheon is polluting the Azalea neighborhood.
Raytheon and the state knew about the pollution for years but failed to warn homeowners about a spreading plume of industrial waste under their homes.
Recent tests show at least six private irrigation wells in the neighborhood are now contaminated from chemicals that started leaking 17 years ago when e-systems occupied the property now owned by Raytheon.
Brian Barr, one of the lawyers representing homeowners in one of the two class-action lawsuits, says his team at the Levin, Papantonio environmental law firm in Pensacola is considering an appeal of the move to federal jurisdiction, to bring the lawsuit back to state court.
The Florida Department of Environmental Protection expects to receive a final assessment report from Raytheon on the extent of groundwater pollution by May 30; a cleanup plan is due 60 days after that.
Raytheon says any cleanup required by the state won't begin until sometime next year.
Previous tests show contamination has spread at least half a mile from Raytheon's defense plant in northwest St. Petersburg.
The plant is now for sale.
Raytheon has not set an asking price.
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Reader Comments
Posted by ( robertj1954 ) on May 13, 2008 at 4:38 p.m. ( Suggest removal )
I hope Mr. Barr succeeds in keeping the law suit under Florida jurisdiction. The pollution is affecting Florida residents, Rayathon is business in Florida, it should be made to answer to Florida for polluting the ground water. If it is proven they were knowingly polluting the ground water via illegal means Rayathon should get hammered for it.
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Posted by ( jaybird ) on May 13, 2008 at 4:53 p.m. ( Suggest removal )
A federal court will "hammer" them if there's a valid reason to do so. The state courts are overburdened and frequently give short shrift to important issues such as the ones raised here. Plaintiffs stand a much better chance of getting an intelligent, reasonable, and articulate judge in federal court.
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Posted by ( WKH ) on May 13, 2008 at 5:46 p.m. ( Suggest removal )
Raytheon is a federal defense contractor, and the pollution released is a result of their manufacturing processes that were used to make products to fulfill their federal contract obligations.
Therefore, this could very well fall under federal jurisdiction already.
Also, the federal government usually has more power to prosecute and hand out stricter penalties than state governments do. So why is it a problem that the case could be heard in federal court?.
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