Paducah Gaseous Diffusion Plant Suit Legal Fees top $9 Million

topic posted Sun, July 13, 2008 - 1:19 AM by  Richard
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Property owners near the Paducah Gaseous Diffusion plant claim four law firms have been paid $9.4 million to defend the plant's former owners
By Griff Potter

The attorney for 80 property owners near the Paducah Gaseous Diffusion plant claims four law firms have been paid $9.4 million to defend the plant's former owners in a suit filed by the property owners over ten years ago.

James Owens, attorney for the property owners said, "The amount of money the Federal Government is paying to stall claims of these Property Owners is unconscionable".

HISTORY
Last November, the Kentucky Supreme Court reinstated the suit, which had been dismissed by a Paducah Federal Court judge in January 2004.

The lawsuit alleged that water leaks from the uranium enrichment plant devalued property values.

The homeowners sued in 1997, claiming that about 10 billion gallons of polluted groundwater had damaged 82 pieces of property. They also claimed they lost use of their property and suffered loss to plants, crops, livestock and wildlife.

The KY Supreme Court reversed a decision by U.S. District Judge Joseph McKinley, who dismissed the 10-year-old suit saying there wasn't enough proof enough contamination existed to pose a health hazard.

The court ruled: "Property owners are not required to prove contamination that is an actual.. health risk, nor are they required to wait until government action is taken. An intrusion which is an unreasonable interference with a property owners use of his property is sufficient evidence of an actual injury.. to award actual damages."

Now, James Owens claims those attorneys collecting large legal fees from the government are refusing to negotiate a settlement in the case.

"The defendants in the case have a contract with the Department of Energy (DOE) in which the United States government pays all expenses involved in the operation of the Plant, including litigation expenses, said Owens.

One of the property owners, Ruby English of West Paducah, filed a Freedom of Information Act (FOIA) Request to learn how much the government was spending to fight the property owners.

Law Firm Costs
Vorys, Sater, Seymour & Pease $9,064,844.75
Columbus, OH

Kramer, Rayson, Leake, Rodgers & Morgan $333,026.44
Knoxville, Tn

Joseph DiStefano $39,504.90
Tracy's Landing, MD

Whitlow, Roberts, Houston & Straub $32,105.35

(Mark C. Whitlow) Paducah
TOTAL $9,469,431.44




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