Editing Area 51 (section)

===Environmental lawsuit===

In 1994, five unnamed civilian contractors and the widows of contractors Walter Kasza and Robert Frost sued the Air Force and the [[United States Environmental Protection Agency]]. They alleged that they had been present when large quantities of unknown chemicals had been burned in open pits and trenches at Groom. [[Rutgers University]] biochemists analyzed biopsies from the complainants and found high levels of [[Polychlorinated dibenzodioxins|dioxin]], [[dibenzofuran]], and [[trichloroethylene]] in their body fat. The complainants alleged that they had sustained skin, liver, and respiratory injuries due to their work at Groom and that this had contributed to the deaths of Frost and Kasza.

The suit sought compensation for the injuries, claiming that the Air Force had illegally handled toxic materials and that the EPA had failed in its duty to enforce the [[Resource Conservation and Recovery Act]] which governs the handling of dangerous materials. They also sought detailed information about the chemicals, hoping that this would facilitate the medical treatment of survivors.<ref name="Lawsuit" /> Congressman [[Lee Hamilton]], former chairman of the House Intelligence Committee, told ''[[60 Minutes]]'' reporter [[Lesley Stahl]], "The Air Force is classifying all information about Area 51 in order to protect themselves from a lawsuit."<ref>{{cite web |url=http://www.ufomind.com/area51/articles/1996/60min_960317.html |title=60 Minutes Transcript an Area 51 |website=ufomind.com |date=17 March 1996 |access-date=31 December 2020}}</ref>
[[File:65 F.R. 52823 1995 Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada.png|thumb|The 1995 [[presidential determination]] by [[Bill Clinton]] preventing discovery from being able to continue in the lawsuit from former Area 51 employees.]]
The government invoked the [[state secrets privilege]] and petitioned U.S. District Judge Philip Pro to disallow disclosure of classified documents or examination of secret witnesses, claiming that it would threaten national security.<ref name="lvrj_jun2002">{{cite news |url=http://www.reviewjournal.com/lvrj_home/2002/Jun-04-Tue-2002/news/18894771.html |title=Federal judges to hear case involving Area 51 |first=Keith |last=Rogers |url-status=dead |archive-url=https://web.archive.org/web/20100214093647/http://www.reviewjournal.com/lvrj_home/2002/Jun-04-Tue-2002/news/18894771.html |archive-date=14 February 2010 |newspaper=Las Vegas Review-Journal |date=4 June 2002 |access-date=10 June 2013}}</ref> Judge Pro rejected the government's argument. In response President [[Bill Clinton]] issued a [[presidential determination]] exempting what it called "the Air Force's operating location near Groom Lake, Nevada" from environmental disclosure laws.<ref>[https://www.govinfo.gov/content/pkg/FR-1995-10-10/pdf/95-25244.pdf Presidential Determination No. 95–45], 60 F.R. 528823 (September 29, 1995). [https://web.archive.org/web/20200923110100/https://www.govinfo.gov/content/pkg/FR-1995-10-10/pdf/95-25244.pdf Archived] from the original on September 23, 2020.</ref> Consequently, the judge dismissed the suit due to lack of evidence.

[[Jonathan Turley]], the attorney for the plaintiffs, appealed to the [[United States Court of Appeals for the Ninth Circuit|U.S. Court of Appeals for the Ninth Circuit]] on the grounds that the government was abusing its power to classify material. Air Force Secretary [[Sheila Widnall|Sheila E. Widnall]] filed a brief which stated that disclosures of the materials present in the air and water near Groom "can reveal military operational capabilities or the nature and scope of classified operations." The Ninth Circuit rejected the appeal<ref>''[https://web.archive.org/web/20120314151234/http://archive.ca9.uscourts.gov/coa/newopinions.nsf/77F9FB6C3552927E88256D05007AE266/$file/0016378.pdf?openelement Kasza v. Browner]'', 133 F.3d 1159 (1998). Archived from the original on March 14, 2012.</ref> and the U.S. Supreme Court refused to hear it, putting an end to the complainants' case.<ref name="Lawsuit">{{cite web |date=16 November 1998 |title=High court won't review "state secrets" privilege in 'Area 51' case |url=https://www.rcfp.org/high-court-wont-review-state-secrets-privilege-area-51-case/ |url-status=live |archive-url=https://web.archive.org/web/20190718001455/https://www.rcfp.org/high-court-wont-review-state-secrets-privilege-area-51-case/ |archive-date=18 July 2019 |access-date=31 December 2020 |website=Reporters Committee for the Freedom of the Press}}</ref>

The President annually issues a determination continuing the Groom exception<ref>{{cite web |url=http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_cfr_3v1&docid=3CFRSep19 |title=2000 Presidential Determination |access-date=10 June 2010 |archive-url=https://archive.today/20120604211107/http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_cfr_3v1&docid=3CFRSep19 |archive-date=4 June 2012 |url-status=live}}</ref><ref>{{cite web |url=https://georgewbush-whitehouse.archives.gov/news/releases/2002/09/20020918-9.html |title=2002 Presidential Determination |publisher=Georgewbush-whitehouse.archives.gov |date=18 September 2002 |access-date=10 June 2010 |archive-url=https://web.archive.org/web/20110615103519/http://georgewbush-whitehouse.archives.gov/news/releases/2002/09/20020918-9.html |archive-date=15 June 2011 |url-status=live}}</ref><ref>{{cite web |url=https://georgewbush-whitehouse.archives.gov/news/releases/2003/09/20030916-4.html |title=2003 Presidential Determination |publisher=Georgewbush-whitehouse.archives.gov |date=16 September 2003 |access-date=10 June 2010 |archive-url=https://web.archive.org/web/20100510015728/http://georgewbush-whitehouse.archives.gov/news/releases/2003/09/20030916-4.html |archive-date=10 May 2010 |url-status=live}}</ref> which is the only formal recognition that the government has ever given that Groom Lake is more than simply another part of the Nellis complex. An unclassified memo on the safe handling of [[F-117 Nighthawk]] material was posted on an Air Force web site in 2005. This discussed the same materials for which the complainants had requested information, which the government had claimed was classified. The memo was removed shortly after journalists became aware of it.<ref>{{cite news |url=http://www.reviewjournal.com/lvrj_home/2006/May-21-Sun-2006/news/7488359.html |url-status=dead |title=Warnings for emergency responders kept from Area 51 workers |archive-url=https://web.archive.org/web/20100214093550/http://www.reviewjournal.com/lvrj_home/2006/May-21-Sun-2006/news/7488359.html |archive-date=14 February 2010 |newspaper=Las Vegas Review-Journal |date=21 May 2006 |access-date=10 June 2013}}</ref>