In re KBR, Inc.

Summary

The Fourth Circuit held that the political question doctrine barred tort claims by servicemembers against military contractor KBR for injuries from burn pit smoke and contaminated water in Iraq and Afghanistan. Applying the "direct control" test from *Taylor v. Kellogg, Brown & Root*, the court found the military exercised plenary and actual control over KBR's waste management and water services, making the contractor's actions unreviewable military decisions. The court affirmed dismissal for lack of subject-matter jurisdiction and vacated the district court's alternative holding on FTCA combatant-activities preemption as moot.

Holdings

1. Yes, the suit presents a nonjusticiable political question because the military exercised plenary and actual control over KBR's waste management and water services, making KBR's decisions de facto military decisions.

Questions Presented

1. Whether the suit brought by Servicemembers against KBR for injuries from burn pit smoke and water contamination is barred by the political question doctrine because the military exercised plenary and actual control over KBR's waste management and water services.

Disposition

other