$375 million Settlement reached in Rocky Flats Nuclear Site Litigation

A settlement has been reached in Cook v. Rockwell International Corporation, No. 90-cv-00181 (D. Colo.), one of the longest running cases in the United States, involving plutonium releases from the former Rocky Flats nuclear weapons site northwest of Denver, Colorado. The case was filed in January 1990 against The Dow Chemical Company and Rockwell International Corporation, companies which managed the plant from 1952 to 1989 for the United States Department of Energy. Homeowners alleged that plutonium released from the plant had contaminated their property. In 2006, a jury found for the plaintiffs following a four-month long trial. This judgment was vacated on appeal in 2010 but, in a second trip to the court of appeals, the plaintiffs secured a victory in 2015. After both sides sought review by the Supreme Court of the United States, a settlement was reached. The proposed class settlement is for $375 million and must still receive court approval, after notice of the settlement is provided to class members. C&T provided substantial assistance during the trial and discovery phases of the case.