Oregon Public Broadcasting

Twenty-one Oregon National Guard veterans suing a government contractor can proceed with their lawsuit. They’re suing over their exposure in Iraq to a dangerous chemical.

The defendant, Kellogg Brown & Root, had asked federal Magistrate Paul Papak to dismiss the case. KBR argued that no court had jurisdiction since the company was working for the U.S. Government as a contractor in a combat environment.

In his 29-page opinion, Judge Papak determined that KBR's work in Iraq was more foreign policy than wartime effort.

David Sugerman represents the Oregon National Guard members. He says political doctrine decisions like this one are unusual.

David Sugerman: "I was admitted to practice in Oregon in 1986. This is the first time in all my career that I've faced a political question doctrine motion. They're really rare."

The soldiers claim that in 2003, KBR knew about sodium dichromate contamination at the Qarmat Ali water plant but didn't warn them about it.

Sodium dichromate contains hexavalent chromium, a chemical linked to increased cancer risk.

Oregon National Guard soldiers were stationed at the plant to protect KBR workers there.

Heather Browne, a spokeswoman for KBR, wrote in an email message that the company is considering an appeal.