Wednesday, September 1, 2010

Veterans 1, KBR 0

It is time once again to tune in to the latest epsiode, oops, I mean development, of the long running farce, oops, I mean legal case, involving KBR and Oregon National Guard soldiers.

Yeterday there was significant pro-veteran ruling in the Oregon KBR Qarmat Ali litigation.

I have previously written about this and open air burn pits KBR ran on dozens of U.S. bases in Iraq and Afghanistan in February, April and June.

In a 29-page ruling the federal district court in Oregon considered the motion by KBR and co-defendants Overseas Administration Services, Ltd. and Service Employees International, Inc. to dismiss the suit for lack of subject-matter jurisdiction and rejected it.

U.S. Magistate Judge Paul Papak wrote that on March 3, 2003 - before combat operations began in Iraq - the U.S. Army Corps of Engineers entered into a "Restore Iraqi Oil" (RIO) contract) with KBR. Under it, KBR and its subsidiaries agreed to provide services to the U.S. military in connection with efforts to restore the infrastructure underlying the Iraqi oil industry. Also under the RIO contract, the U.S. Army Corps of Engineers issued various "task orders" for KBR to perform. Combat operations in Iraq began on March 19, 2003. On March 20, 2003, the Corps of Engineers issued "Task Order 3," which governed the services to be provided by KBR and its subsidiaries at Qarmat Ali and other facilities. Under Task Order 3, the U.S. military would declare a given worksite to be "benign" before KBR would begin operations there.


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