Rocky Flats Property Owners Class Action Lawsuit Settlement

A proposed class action settlement between property owners and the former operators of the Rocky Flats Nuclear Weapons Plant (Rockwell International Corp. and The Dow Chemical Co.) has been reached.

The settlement brings to a close a near 27-year legal battle over the nuclear power plant’s alleged damage to homeowners’ property values.

The case reached a settlement of $375 million earlier this month between a Class of residents living around the Standley Lake area in Westminster, Colo. and Rockwell International Corp. as well as The Dow Chemical Co. The settlement puts the value of the case in line with a 10-year-old jury verdict.

The resolution ends a dispute that began in 1989 when the FBI found evidence that mishandled nuclear waste at the Rocky Flats power plant outside Denver caused soil, water and air contamination in the area.

Shortly after in 1990, a class action lawsuit was filed alleging that Rockwell International Corp. and The Dow Chemical Co., the two companies that operated Rocky Flats from 1952 through 1989, released radioactive hazardous substances into the surrounding area.

According to the class action lawsuit, this caused the properties owned by the plaintiffs and Class Members in the specified Rocky Flats Property Area to be contaminated with plutonium, leading to plummeting property values.

The residents pursued legal action under the Price-Anderson Act and state nuisance law against the owners of the power plant.

Rockwell and Dow deny the plaintiffs’ claims that they caused harm to the properties owned by plaintiffs and the Class, and further deny that they “substantially interfered with the use and enjoyment of property, and deny that the properties experienced a diminution in value.”

The parties have agreed to settle to avoid additional delay and uncertainty in a case that already is more than 26 years old.

Who’s Eligible

Class Members of the Rocky Flats class action lawsuit settlement include all persons and entities that owned an interest (other than mortgage and other security interests) in real property within the Property Class Area as of June 7, 1989 (one day after a famous FBI raid of the plant site).

If you are an heir or successor of someone who owned property as of June 7, 1989 in the Property Class Area, you are also eligible.

Potential Award

Varies.

Each eligible Class Member’s proportionate, pro rata, recovery will be determined by using a Court-approved Plan of Allocation. Under the proposed Plan of Allocation, your share of the net Settlement Fund will depend on the assessed value of the property you owned on June 7, 1989.

Proof of Purchase

N/A

Court Documents

COURT DOCUMENTS »

Note from Claims Administrator: “PDF versions of the Long Form Notice and the Claim Form, an on-line Claim Form, and an interactive Address Look-Up (to check if your property is included in the Property Class Area) will be available on this website shortly. Please check back for updates.”

Claim Form Deadline

06/01/2017

Case Name

Cook, et al. v. Rockwell International Corp. and The Dow Chemical Co., Case No. 1:90-cv-00181-JLK, in the U.S. District Court for the District of Colorado

Final Hearing

04/28/2017

Settlement Website

www.RockyFlatsSettlement.com

Claims Administrator

Cook, et al. v. Rockwell International Corp. and The Dow Chemical Co.
c/o Heffler Claims Group
PO Box 58459
Philadelphia, PA 19102-8459
844-528-0187

Class Counsel

Merrill G. Davidoff
David F. Sorenson
BERGER & MONTAGUE PC

Gary B. Blum
Steven W. Kelly
SILVER & DeBOSKEY PC

Louise Roselle
Paul M. DeMarco
MARKOVITS, STOCK & DeMARCO

Defense Counsel

Bradley H. Weidenhammer
KIRKLAND & ELLIS LLP