Puerto Rican Island Residents Sue US Government for Human Rights Violations
Provided by HG.org
After decades of live fire exercises on the island of Vieques in Puerto Rico, the US government ceased to fire on the island in 2003. Nevertheless, the legacy of those training exercises linger on, and now a group of residents have filed a lawsuit against the US government claiming human rights violations.
The National Lawyers Guild and other groups filed a petition with the Inter-American Commission on Human Rights against the US government on behalf of 10 Vieques residents who have cancer or have/had sick relatives. The petition accuses the United States of a number of abuses, including leaving behind the toxic residue of decades of bombings by the US Navy which have resulted in various serious health conditions.
The military left the island in 2003 after an errant bomb killed a security guard in 1999.
Although the US government has undertaken some of the cleanup, the process is expected to take another decade.
Puerto Rico is a US territory, and its residents are considered US citizens. However, the island chain remains a territory not yet granted full statehood.
The action is likely to have more political impact than legal. As part of a military exercise, the US Navy's activities on Vieques would be protected by the doctrine of sovereign immunity. This would protect the government from liability for injuries resulting from most legally authorized activities, quite probably including injuries from contamination of the island by repeated bombings.
Toxic torts have become an area of increasing interest as public policies protecting the environment have gained momentum and awareness of environmental issues like global warming has increased. Still, if the government does opt to pay the victims in these cases it will likely be a political decision rather than a legal one, particularly given the danger of a precedent holding the government liable in similar circumstances.
If you or someone you know has suffered illness or injury as a result of exposure to something toxic in the environment (e.g., ground water pollution, soil contamination, air pollution, etc.) you should contact a local, qualified, and experienced attorney who can help you. Such an attorney will be able to evaluate your claims, recommend experts that can help analyze your injuries and help you prove causation, and guide you through the legal process. Moreover, such attorneys will normally work on a contingency fee basis, meaning you will not have to pay out of pocket for their services, instead giving them a portion of the proceeds of any successful settlement or judgment.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The military left the island in 2003 after an errant bomb killed a security guard in 1999.
Although the US government has undertaken some of the cleanup, the process is expected to take another decade.
Puerto Rico is a US territory, and its residents are considered US citizens. However, the island chain remains a territory not yet granted full statehood.
The action is likely to have more political impact than legal. As part of a military exercise, the US Navy's activities on Vieques would be protected by the doctrine of sovereign immunity. This would protect the government from liability for injuries resulting from most legally authorized activities, quite probably including injuries from contamination of the island by repeated bombings.
Toxic torts have become an area of increasing interest as public policies protecting the environment have gained momentum and awareness of environmental issues like global warming has increased. Still, if the government does opt to pay the victims in these cases it will likely be a political decision rather than a legal one, particularly given the danger of a precedent holding the government liable in similar circumstances.
If you or someone you know has suffered illness or injury as a result of exposure to something toxic in the environment (e.g., ground water pollution, soil contamination, air pollution, etc.) you should contact a local, qualified, and experienced attorney who can help you. Such an attorney will be able to evaluate your claims, recommend experts that can help analyze your injuries and help you prove causation, and guide you through the legal process. Moreover, such attorneys will normally work on a contingency fee basis, meaning you will not have to pay out of pocket for their services, instead giving them a portion of the proceeds of any successful settlement or judgment.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
