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KBR files motion to dismiss hexavalent chromium lawsuit filed by Oregon soldiers

By Julie Sullivan, The Oregonian
April 26, 2010, 8:12PM

Attorneys for Kellogg, Brown & Root have filed a second motion to dismiss an Oregon Army National Guardsmen lawsuit against the war contractor, saying the Oregon court lacks jurisdiction over the federal government’s military and foreign policy decisions in wartime.

Friday’s filing comes three weeks after U.S. District Judge Magistrate Paul Papak denied an earlier motion to dismiss, ruling that the case should go forward.

Twenty-one current and former Oregon Army National Guard soldiers, mostly from the Portland area, are suing the Houston-based firm and four of its subsidiaries saying they were intentionally exposed to the cancer-causing chemical, hexavalent chromium after the U.S. invasion of Iraq in 2003.

Troops from Oregon, Indiana and West Virginia were ordered to guard KBR employees working to restore oil production in southern Iraq. Soldiers from all three states have filed lawsuits. They claim that at the Qarmat Ali water plant near Basra, KBR ignored and downplayed the health risks of a corrosion-fighter scattered across the facility that contained hexavalent chromium. Soldiers allege breathing, stomach and other health problems as a result. At least two soldiers, including one in Oregon, died of cancer after serving at the plant.

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