BALTIMORE (AP) – Plaintiffs in a class-action lawsuit are appealing a federal court’s dismissal of their allegations that the Army’s reckless handling of chemical and biological toxins caused cancer and deaths among people living near Fort Detrick in Frederick.
Attorneys Michael Hugo and Christopher Nace filed a notice of appeal Wednesday in U.S. District Court in Baltimore.
Judge Catherine Blake dismissed the lawsuit Aug. 11. She ruled that the plaintiffs had not met a threshold requirement of proving the Army lacked discretion over how to dispose of hazardous waste.
The plaintiffs had argued that executive orders signed by President Richard Nixon mandated rules for handling hazardous waste at federal facilities. Blake likened the executive orders to policy guidelines.
The appeal to the Fourth Circuit Court of Appeals is due by Oct. 11.