Fox News reported December 22, 2018 that military contractor Kellogg, Brown and Root and it’s former parent company Halliburton have asked the U.S. Supreme Court not to reinstate lawsuits filed by military personnel who say their illnesses were caused by the burn pits used since the invasion of Afghanistan to dispose of, well, everything.

From the Fox News article:

In a brief filed last week, officials for KBR and its former parent company Halliburton urged the court not to restore dozens of the lawsuits filed against the companies, who handled daily operations for many of the bases starting in 2001. They claim that the lawsuits were already dismissed properly because the courts have no jurisdiction over military strategy.

“The separation-of-powers principles underlying the political question doctrine preclude courts from second-guessing professional military judgments that are within the exclusive province of the political branches,” reads a line from the filing obtained by Fox News.

I have only nine hours of business law, so this is way out of my lane. I suppose that garbage disposal could be considered “military strategy”, just as garbage disposal is part of every household in the world. Although most people don’t think of it as a strategy, more a necessity to prevent clutter and disease. “The political question doctrine” is more complex than the Fox News snippet would have one believe. If you wish, you can read about this complex questions here. The most basic idea of political question doctrine is whether the court is the appropriate venue.

I communicated with several recent veterans. Here are some of their comments:

“If the burn pits were operating only the contractors were supposed to be out there. But, the problem is the fumes blow with the winds. They were at one point, when ammunition would go “Condition Code Hotel” or unstable they would burn the ammunition in an incinerator. The fumes were noticeable. There was also a lake of feces at KAF (Kandahar Air Field). The Poo Pond was originally outside of the fence lines. KAF grew and eventually the lake was inside the fence line. The lake was an incubator for malaria and typhoid. Water fountains were installed. They shot the shit water up into the air. No more mosquitoes. Waterborne feces. The entire country smelled like shit.” 2014 GWOT veteran

“Burn pits are common. Well, used to be, before environmental concerns. Every base had at least one, if not individual squadrons themselves. And deployments – like “B” in Somalia and the first Gulf War – ALWAYS had them. There’s often no other way to get rid of “stuff” in a localized, isolated area. You have specified areas and rules for what goes where. Burn pit here, latrines there, etc. I’m sure the 50 gallon drums they use for latrines where emptied into the pits, for example. And then you bury it when you leave. Husband and wife Navy veterans

We dealt with them on my last deployment to Kosovo. There’s nothing they couldn’t f**k up. Military veteran”

“Phantom smoke smells and a continual throat clearing thing. Had a neurological MRI, so no discernible damage… but still worrisome.

Asthma, Allergies, bronchial problems, cancers, constant coughs, cramps and abdominal problems are just a few of the symptoms veterans of the Global War on Terror may be experiencing. There is a registry for veterans through the Veterans Administration. The Veterans Administration video:

I don’t know about the legal stuff. Here is what I do know. Our military personnel know the dangers when they sign on the dotted line. They expect enemy fire, IED’s, bombs, and possibly chemical warfare. My question is: What does the government and its contractors owe our military personnel.

Since Vietnam our military personnel have been fighting for correct diagnoses, interventions and compensation from the government. What did the government know? When did the government know it? What are they still hiding?

The same questions surround the burn pits. Did KBR/Halliburton and the subcontractors do due diligence prior to recommending the burn pits. What, if any, questions did the Department of Defense ask prior to agreeing to the pits and other disposal methods?

I don’t give a fat rat’s backside about legal responsibility. This is a moral issue. KBR and the Department of Defense can fight and deny all they want. They, and we, owe a moral responsibility to the men and women of the less than one percent who volunteer to put their lives on the line for us who sit back with every creature comfort.

This is not just a legal issue. This is a moral issue about who we are. Halliburton (sold KBR in 2007), KBR, every subcontractor and the Department of Defense should fund research, pay for medical care, and pay compensation to every veteran who has a valid burn pit claim.

Merry Christmas!

Feature photo credit: Pexels.com/Miriam Espacio