4th Circuit Rejects KBR Burn Pit Appeal
The 4th Circuit Court of Appeals has just released its opinion declining jurisdiction in the Metzgar v. KBR Burn Pit case as it determined that KBR operated these facilities under military control. This made the operation of the burn pits a “de facto military decision” that was not subject to review by the Court under the political question doctrine. Sadly, even though this decision will disappoint many adversely affected by the operation of these burn pits, the Court’s reasoning is quite sound regarding the issues raised by the Appellants. For those who are interested, I have attached a link to the decision below.