George Washington University Office of University Relations Washington, DC 20052 FOR IMMEDIATE RELEASE MEDIA CONTACT: SHAWN TATE August 4, 1994 (202) 994-6460 * * * MEDIA UPDATE * * * CHIEF JUDGE JOHN GARRETT PENN GRANTS MOTION THAT ALLOWS GW LAW PROFESSOR JONATHAN TURLEY TO PROTECT ANONYMITY OF WORKERS IN SUIT AGAINST EPA Turley Sues EPA For Failure to Inspect Secret Air Force Base for Violation of Federal Environmental Laws Washington, D.C. -- Today Chief Judge John Garrett Penn granted the motion, filed by The George Washington University National Law Center Professor of Environmental Law Jonathan Turley, to proceed in his suit against the Environmental Protection Agency using fictitious names for the plaintiffs. With the decision, comes formal filing of the suit and summons against the defendents. Turley is suing the EPA for failing to live up to its duties to inspect violations of federal environmental laws. Granting of the motion allows Turley to file on behalf of workers who signed secrecy agreements upon employment, representing them as "John and Jane Does" to prevent possible retaliation. This will be the first in a series of legal actions planned by Professor Turley. Turley is representing the current and former workers at Area 51, a secret Air Force base in Nevada -- also known as Dreamland or Groom Lake. The suit alleges serious injuries, and at least one death, to employees due to the burning of hazardous and toxic wastes at the facility. Turley's suit further alleges that workers were denied requests for protective clothing -- including gloves -- in handling hazardous wastes. This case is the first of its kind. Area 51 is generally considered the most secret, classified base in the U.S. military network. "By forcing compliance at Area 51, we hope to establish a precedent whereby the military will be forced to acknowledge its responsibilities in every base and facility," says Turley. "Ultimately, this case is a direct confrontation between national security laws and environmental and criminal laws." - MORE - PAGE TWO TURLEY PROTECTS WORKERS IN SUIT AGAINST EPA Specifically, Turley will be asking the D.C Court to force the EPA to inspect and monitor the secret base. He will argue that the federal hazardous waste law does not give any exception for secret bases in its provisions and will be asking the court to force the EPA to fulfill a mandatory duty under the law. "We want to establish that workers at secret bases should not be forced to rely on the arbitrary protections of the military, but should be able to go to court to receive remedies for violations," says Turley. He also intends to establish that secrecy agreements do not preempt environmental protections. Eventually, Turley plans to draft a new law on the judicial review of such cases and on issues ranging from anonymous legal action to standing questions to citizen suit actions against the EPA. - 30 -