A lawyer for the whistle-blower who alerted federal authorities to crimes at the Rocky Flats nuclear-weapons factory asked the U.S. Supreme Court today to reconsider its rejection of his claim to part of a $4.2 million court award.
Stone warned Rockwell International contractors at Rocky Flats that their waste-disposal scheme – involving “pondcrete” blocks made of radioactive sludge combined with concrete – would fail due to faulty design.
He proved to be correct as some of the blocks disintegrated, contaminating water and soil.
The Supreme Court’s 6-2 ruling against engineer James Stone “was based on a factually incorrect understanding of why the ‘pondcrete’ failed and how Stone knew of that failure,” attorney Hartley Alley said.
Alley now argues that Stone knew the system would fail because he was aware that piping used to draw sludge from solar evaporation ponds could not control water content, making it impossible to consistently add the correct amount of cement powder for the blocks.
Stone died April 11. Family members are planning a public remembrance at 1 p.m. April 28 at Maple Grove Park in Golden.
His wife is taking his place in the effort to reconsider his case.
Supreme Court justices rarely grant petitions for rehearing.
