European Stars and Stripes (Newspaper) - December 24, 1989, Darmstadt, Hesse Page 4 the stars and stripes sunday december 24,1989 Energy officials to drop Appeal in Fernald Case Washington a the Energy department is dropping its Appeal of a $78 million judgment in a class action lawsuit filed by neighbors of an Ohio nuclear weapons Plant but officials Don t know How they will pay the 14,000 plaintiffs the department s top lawyer said Friday. We re not going to pursue our Appeal Stephen a. Wake timid said adding that the bad news is that the department Dis covered last week that it cannot pay the judgment from a fund it planned to use. The historic settlement came when the government for the first time acknowledged thai a nuclear weapons Plant might have harmed people living near it. The Fernald Ohio Plant has spread uncounted ton of powdered uranium dust into the surrounding area. Operations were suspended earlier this year of intensify efforts to clean up the contamination. Wake Field said verbal notice of the decision was Given to the plaintiffs lawyers thursday but he would not say specifically Why the department changed its mind about the Appeal. The government had never contested the amount of the judgment but appealed be cause it disagreed with a judicial interpretation of Lac terms of the settlement. We think it s really past time said Lisa Crawford one of the plaintiffs who contended in a 1985 lawsuit that releases of radioactive material from the Plant had damaged their property values and caused them emotional distress. In an interview Wake Field said the jus Tice department told him last week that he could not pay the $78 million from a Feder Al contingency fund As planned because the lawsuit was brought not against the government but against National Lead of Ohio inc., which ran the Plant under Feder Al contract until 1985. The Energy department was required under terms of the operating contract to shield National Lead against liability in the Case. Wake Field said the department would have to ask Congress for a special appropriation to cover the settlement and that payments probably would be made in instalments. That s terrible said Paul Mcmann one of three court appointed trustees Over seeing the settlement. He said the department s lawyers had said in no Uncertain terms at the time of the settlement last summer that the Money would be available by october. The depart ment filed a notice of Appeal oct. 17. Stanley Chesley the Lead lawyer for Fer Bald residents applauded the Energy department s decision to abandon its Appeal. That s encouraging. We d like to work with them and get the he said. The settlement clears the Way for Federal funds to pay for Long term medical Mon health of people living within five Miles of the feed materials production Center at Fernald which processes uranium for the weapons program. The purpose of the medical study is to determine whether there was an excess of cancers or other health problems that could be traced to radiation released from the Plant which has operated for 38 years. It is 18 Miles from Cincinnati. The department appealed the settlement to the 6th . Circuit court of appeals in Cincinnati because . District judge s. Arthur Spiegel ruled in september that the Deal did not prevent two companies near the site from suing the department for environmental damage to their property caused by the weapons Plant. A Christmas kiss i Irraine Lamar watches As her adopted son Austin gives president Bush a kiss during the president s tour of the National institutes of health outside Washington. Austin is a victim of aids. Drastically dry december worsens Calif drought by the los Angeles times Monterey Calif. A decidedly dry december has evaporated Hopes that october Rains might have ended California s drought. State water officials arc starting to urge renewal of conservation programs and limited rationing in some areas. Hardest hit is the area from Monterey to Santa bar Bara where one Reservoir has run dry others have shrunk to As Little As 12 percent of capacity and the ground water table has fallen drastically As much As 15 feet As Wells arc asked to work overtime. Mandatory cuts of 20 percent in water use have bestsellers compiled by the new Yort times fiction t the dark half by Stephen Keg last week 2. Weeks on list. 6 2oaddy by Danielle steel Hast week 1 weeks on list 6 3caribbean by James a Mchenery last Wmk. 3. Mks or St 6 4clear and present danger by Tom Clancy last week 4. Woes on list 17 a the Polar express written and illustrated by Chris Vanallsburg last week 5. 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