USS Badger (FF-1071)

Evidence

10 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-10).

1. [1]research packet zbs-packet.md [other_primary]

   Finding type

   vessel_history

   Finding

   Identity packet verdict: VERIFIED

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Evidence ID

   uss-badger-ff1071-pkt-zbs-packet-md

2. [2]Clayton v. Air & Liquid Systems Corp., No. 2:18-cv-00748-JLR (W.D. Wash.), Order on Motions for Partial Summary Judgment, ECF No. 141 (filed 2019-08-09, Judge James L. Robart); RECAP docket 6876217 [court_record]

   Locator

   ECF No. 141 pp. 2-5 (exposure and Syd Carpenter sections), pp. 14-19 (military specifications and warning signs); docket 2:18-cv-00748 (W.D. Wash.), filed 2018-05-23, terminated 2020-12-11; filed-copy reproduction https://www.brownsims.com/assets/htmldocuments/uploads/2019/08/LongshoreUpdateClaytonv.AirLiquid.pdf

   Finding type

   litigation_documented

   Finding

   Published federal order names this hull with ship-specific asbestos evidence: William R. Clayton served aboard USS Badger February 1972-March 1973 as an interior communications (IC) fireman and developed mesothelioma (died 2019-05-28 during the action). The court recites deposition testimony that Clayton worked on 'asbestos insulated pipes,' including in the boiler room, that 'quite a few piles of insulated pipe' were aboard, that insulation pads/blankets covered pumps, valves, and sensors which IC firemen removed or cut away, and that insulation vibrated loose as dust during operations. James Carpenter, former president of subcontractor Syd Carpenter Marine Contractor, declared that his company 'performed insulation installation services on the [USS] Badger in the early 1970s at the shipyard in San Pedro, California owned and run by Todd Shipyard,' recalled installing 'amosite asbestos pads,' and deposed that the company fabricated insulation pads of asbestos-containing cloth stuffed with filler and wired them to fittings. Navy specifications applicable to the insulation work on the ship were identified as MIL-I-2781 (pipe covering), MIL-I-2819 (block insulation), and MIL-C-2861 (insulating cement). The Navy provided 'dangerous asbestos' warning signs for display during installation work.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-29

   Study period

   1972-1973 (alleged exposure period); 2018-2020 (litigation)

   Population

   USN interior-communications fireman aboard 1972-1973 (decedent, mesothelioma); Syd Carpenter Marine Contractor insulation workers at Todd Shipyard San Pedro, early 1970s

   Limitations

   Summary-judgment-stage order: the ship-specific asbestos descriptions are the court's recital of deposition and declaration evidence in the motion record, not adjudicated trial findings; causation and liability were not decided on the merits in this order. Disposition: Syd Carpenter won summary judgment on strict liability (held an installer, not a seller/manufacturer) and on conspiracy/warranty claims; plaintiffs won summary judgment defeating Syd Carpenter's government-contractor defense; the negligence claim proceeded to trial in early 2020 - the trial outcome is not in the located public record (docket terminated 2020-12-11). Establishes that sworn evidence described asbestos aboard this hull; does not quantify material, establish remaining conditions, or determine any individual claim.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-01

3. [3]Clayton (Jill Diane, surviving spouse/estate executor) v. Air & Liquid Systems Corp., No. 2:18-cv-00748-JLR (W.D. Wash.), Order Denying Motion to Exclude Expert Testimony, ECF No. 161 (filed 2020-02-13, Judge James L. Robart) [court_record]

   Locator

   ECF No. 161 pp. 2-3 (background recital); RECAP docket 6876217 (W.D. Wash.)

   Finding type

   litigation_documented

   Finding

   Second federal order in the same docket, issued during trial, confirming the negligence case against Syd Carpenter Marine Contractor reached trial: the order recites that plaintiff alleged asbestos exposure aboard USS Badger in six ways, including 'as a bystander to Syd Carpenter's thermal insulation rip-out work at Todd Shipyard' and 'as a bystander while the ship was underway, which disturbed insulation dust and shook it loose.' Defense expert Kyle Dotson offered a retrospective dose reconstruction claiming worst-case exposure below ambient-equivalent cumulative levels; plaintiff's Rule 702 motion to exclude was denied.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-29

   Study period

   1972-1973 (alleged exposure); 2020 (trial-phase order)

   Population

   Estate of William R. Clayton; trial-phase witnesses and experts

   Limitations

   Documents the allegation structure and that the case reached trial; exposure characterization remains plaintiffs' theory, not an adjudicated finding. Final disposition (verdict or settlement) not located in public record; docket shows termination 2020-12-11. Companion removal docket Clayton v. IMO Industries, 2:18-cv-01437, was consolidated into this case 2018-11-09.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-02

4. [4]DANFS, Badger III (DE-1071), 1970-1995 (NHHC; live page returns 404 - 2024-12-22 Wayback capture of official entry cited; author Raymond A. Mann, dated 2005-09-23) [nhhc_danfs]

   Locator

   DANFS Badger III entry, specifications block and full service narrative

   Finding type

   vessel_history

   Finding

   DANFS record for this hull: laid down 17 February 1968 at San Pedro, Calif., by Todd Shipyards, Inc.; launched 7 December 1968, sponsored by Mrs. Oscar C. Badger; commissioned at Long Beach, Calif., 1 December 1970 (Cmdr. William L. Britton). Specifications: 4,255 tons full load, 438 ft length, 46.8 ft beam, 24.8 ft draft, 27+ knots, complement 245, one 5-inch gun, ASROC, BPDMS; class Knox. Service: fitting out and post-shakedown availability at Long Beach Naval Shipyard January-November 1971 (BPDMS and variable-depth sonar added); first WestPac/Vietnam deployment March-October 1972 (gunline, plane guard for Constellation, Ticonderoga, Midway, Hancock; SAR escort for Long Beach) earning one battle star; restricted availability at Todd Shipyard, Los Angeles, beginning 8 January 1973 (Navy distillate fuel conversion, LAMPS installation, completed 18 May 1973); homeport change to Pearl Harbor 14 July 1973; Pearl Harbor Naval Shipyard restricted availability July-October 1974 after low-pressure turbine casualty; Subic Bay drydock September 1975; reclassified frigate FF-1071 on 1 July 1975 per the narrative; first regular overhaul at PHNSY 7 June 1976-11 January 1977; PHNSY availability January-February 1980; PHNSY overhaul September 1981-first quarter 1982; KAL-007 search effort September 1983; drydock 28 September-15 October 1984 and three-month drydocking from 8 December 1986 (refloated 2 March 1987); civilian-contractor availability 30 May-24 September 1989; drug-interdiction cruises 1990; decommissioned Pearl Harbor 20 December 1991; stricken January 1995; sunk as target during Third Fleet exercise RIMPAC 98 on 22 July 1998 at 22 deg 51.1 min N, 160 deg 33 min W.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-29

   Study period

   1968-1998

   Population

   Todd Shipyards San Pedro construction trades 1968-1970; crew 1970-1991 (DANFS complement 245); shipyard workers at LBNSY, Todd Los Angeles, PHNSY, and Subic during documented availabilities

   Limitations

   DANFS documents identity, specifications, service history, and yard periods - not materials or asbestos content. Reclassification is narrated as occurring 1 July 1975; the fleet-wide DE-to-FF reclassification is generally dated 30 June 1975 and secondary sources give 30 June - conflict carried in gaps. Live NHHC page serves 404; Wayback capture of the official entry is cited.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-03

5. [5]Naval Vessel Register, BADGER (FF 1071) ship detail page (ex-DE 1071), record last updated 2000-06-29 (live page serves shell content; 2017-01-07 Wayback capture cited) [other_primary]

   Locator

   NVR SHIPSDETAIL_FF_1071 record fields (status, builder, dates, physical characteristics, accommodations)

   Finding type

   vessel_history

   Finding

   NVR administrative record for this hull: BADGER (FF 1071), ex-DE 1071, frigate, class FF 1052 (Knox), UIC 54066; builder Todd Shipyards Corp., Los Angeles Div.; launch 1968-12-07; commission 1970-12-01; stricken 1995-01-11; status 'Disposed of in support of Fleet training exercise' with status-change date 1998-07-22; propulsion type 'Steam Turbines,' one propeller; accommodations 23 officers + 265 enlisted; light displacement 3,249 tons, full 4,245 tons; overall length 438 ft, extreme beam 47 ft, max navigational draft 25 ft; steel hull, aluminum superstructure.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-29

   Study period

   1968-2000 (record span)

   Population

   Crew accommodations (288 per NVR figures)

   Limitations

   Administrative register - confirms identity, builder, dates, propulsion type, and disposal pathway; contains no materials or asbestos data. NVR accommodations figure (23+265) differs from DANFS complement (245) - conflict carried in gaps. Live NVR detail page returns navigation shell only for this disposed hull; archived capture cited.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-04

6. [6]GAO HRD-80-2, 'Navy Efforts To Protect Workers From Asbestos Exposure' (Oct. 1979), incl. Enclosure I - CNO letter of 5 Jan 1979 with Navy listing of ships delivered since 1973/under construction and thermal-insulation status [gao]

   Locator

   GAO HRD-80-2 pp. 1-3 (policy summary) and Enclosure I (Navy ship list, FF section; FF-1052 class reinsulation cost table)

   Finding type

   gov_survey

   Finding

   GAO review of Navy asbestos use and worker protection (fieldwork at Long Beach and Norfolk Naval Shipyards). The Navy's enclosure lists eight last-built Knox-class frigates - FF-1090 Ainsworth, FF-1091 Miller, FF-1092 Thomas C. Hart, FF-1093 Capodanno, FF-1094 Pharris, FF-1095 Truett, FF-1096 Valdez, FF-1097 Moinester (keels Nov 1969-May 1970, deliveries Feb 1973-Oct 1974) - all marked 'Asbestos thermal insulation,' and the GAO cost table prices thermal reinsulation of the FF-1052 class (the Knox class, 45 active ships) at $4.32 million per ship. The Navy advised GAO that 'all ships presently in service contain some quantity of asbestos'; that thermal insulation for machinery, equipment, and piping systems was the major asbestos application; that asbestos also appeared in floor tile/deck coverings, galley-range cabling, piping-system gaskets and packing, and certain electrical resistors; that insulation specifications were revised in 1973 to specify asbestos-free materials but already-purchased stock was still installed, with some ships delivered with asbestos insulation as late as May 1978; and that the October 1975 policy required removing asbestos insulation only when damaged or necessary for repairs (expanded January 1979 to selective replacement in high-maintenance areas), leaving an estimated 30-50 percent of shipboard asbestos insulation untouched for a ship's life. Badger (delivered November 1970) predates the listing's scope but is a member of the covered class.

   Verification

   verified

   Role

   supporting

   Documentation level

   class_or_era

   Accessed

   2026-09-29

   Study period

   1979 (report); policy history 1971-1979

   Population

   Knox-class crews and shipyard insulation/repair workers, 1969-1979 framing

   Limitations

   Program- and class-level evidence: the Navy enclosure does not name DE/FF-1071 (its scope is ships delivered since 1973); the FF-1090-1097 asbestos marking applies to Badger's sister hulls built contemporaneously, and the 'all ships in service' statement is the Navy's fleet-wide position as of January 1979. Does not establish quantity, locations, or present-day content aboard this specific hull; does not document any exposure event. gao.gov returns HTTP 403 to automated fetch; the full PDF was obtained from a 2020 Wayback capture and the canonical product URL is https://www.gao.gov/products/hrd-80-2.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-05

7. [7]NAVSHIPS Instruction 5100.26, asbestos safety precautions (9 Feb 1971), as circulated to private shipyards via Shipbuilders Council of America memo (scan hosted by ToxicDocs industry-document archive) [other_primary]

   Locator

   NAVSHIPSINST 5100.26 (1971-02-09), action paragraph 3 and enclosure safety provisions; SCA transmittal memo

   Finding type

   regulatory

   Finding

   Navy asbestos-control instruction in force during this hull's fitting-out and early yard periods: NAVSHIPS Instruction 5100.26 (9 February 1971) prescribed safety precautions for fabrication, installation, repair, and removal (rip-out) of asbestos-containing insulation and material, identifying pipe and boiler insulation work as 'the most critical use of asbestos in the Navy from a safety viewpoint,' requiring segregation of asbestos operations, Bureau of Mines-approved respirators, restricted access, and industrial-hygiene air monitoring against a 5-fiber/ml threshold limit value.

   Verification

   partial

   Role

   context

   Documentation level

   class_or_era

   Accessed

   2026-09-29

   Study period

   1971-1974

   Population

   Shipyard insulation workers and Navy supervisors in private yards, 1971-1974

   Limitations

   Era regulation, not a hull record: establishes that Navy asbestos work controls applied to yard work of this hull's period but does not document asbestos aboard, or asbestos work on, DE/FF-1071. Document survives as a scan on ToxicDocs (an industry-documents litigation archive); text is internally consistent with the Navy instruction lineage GAO HRD-80-2 describes (superseded by OPNAVINST 6260.1 of April 1974, revised August 1978, with a Long Beach Naval Shipyard supplement issued October 1977).

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-06

8. [8]EPA, SINKEX Determination and Agreement under MPRSA general permit 'Transport of Target Vessels,' 40 C.F.R. 229.2 (with NAVSEA SINKEX program description) [other_primary]

   Locator

   EPA SINKEX Determination and Agreement (permit provisions); NAVSEA Inactive Ships SINKEX program description

   Finding type

   environmental_record

   Finding

   Regulatory framework governing this hull's disposal: ex-Badger was sunk as a SINKEX target under the Navy's MPRSA general permit (40 C.F.R. 229.2), which requires 'appropriate measures... to remove, to the maximum extent practicable, all materials that may degrade the marine environment' before sinking; NAVSEA describes per-vessel preparation removing PCB transformers and capacitors, floatable materials, mercury/fluorocarbon materials, and petroleum products, followed by inspection by qualified inspectors and marine chemists. The program record establishes that target hulks of this era underwent documented environmental preparation; the EPA determination text addresses PCB-containing shipboard materials (insulation, wires, felts, rubber gaskets) and does not itself name asbestos or this hull.

   Verification

   verified

   Role

   context

   Documentation level

   context_only

   Accessed

   2026-09-29

   Study period

   1998 (sinking); 1999-2015 (permit determinations)

   Population

   SINKEX preparation and inspection personnel (program-level)

   Limitations

   Program-level context only: no hull-specific SINKEX preparation, survey, or clean-closure record for ex-Badger was located in public sources, and the 2015 determination's materials list is PCB-focused - it neither states that asbestos was removed from this hulk nor that asbestos remained aboard. The disposal pathway is documented by DANFS/NVR (ev-03, ev-04); this row adds only the governing framework.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-07

9. [9]Batch-4602 search ledger (this record): CourtListener API v4 name and hull sweeps; NARA Navy deck-log catalog; NHHC/NVR live pages; ship association and NavSource pages [other_primary]

   Locator

   search_ledger rows sl-uss-badger-ff1071-01 through sl-uss-badger-ff1071-10

   Finding type

   historical_record

   Finding

   No ship-specific asbestos survey, abatement contract, or materials inventory for DE/FF-1071 was located in public sources; the CourtListener opinion corpus contains no published decision naming 'USS Badger' (the Clayton orders are unpublished district-court filings retrievable via the RECAP docket, not the opinion index). NARA's digitized Navy deck-log set lists only Badger DD-126; DE/FF-1071 logs are undigitized. The ship was sunk in 1998, so no preserved hull exists for present-day survey.

   Verification

   verified

   Role

   negative_finding

   Documentation level

   ship_specific

   Accessed

   2026-09-29

   Study period

   2026-09-29

   Limitations

   Absence of a located public survey/abatement record does not negate the litigation-documented materials; conversely the litigation record does not quantify or locate all asbestos aboard. The hull's 1998 sinking forecloses the museum-survey pathway available for preserved ships.

   Atlas source

   true

   Evidence ID

   ev-uss-badger-ff1071-08

10. [10]NavSource Destroyer Escort Photo Archive, USS Badger (DE 1071) building and operational data + photo captions (incl. 21 July 1998 last-afloat caption by LCDR J. Neil Hudson, USN) [other_primary]

    Locator

    NavSource page 06021071, operational data block and caption 0602107123; ussbadger-1071.org history page (association)

    Finding type

    vessel_history

    Finding

    Sink-date and sinking-circumstance detail beyond the DANFS line: the RIMPAC 98 firing exercise against ex-Badger began 21 July 1998; the hulk absorbed Penguin, Hellfire, Maverick, and telemetry Harpoon missile hits, remained afloat at sunset off Barking Sands, Kauai, was boarded by an EOD team that placed timed charges inside the hull, and could not be located by search aircraft on the morning of 22 July - presumed sunk overnight. DANFS and NVR carry 22 July 1998 as the sinking/disposal date; the association page gives 21 July and quotes an OpNav position/depth of 2,850 fathoms.

    Verification

    partial

    Role

    correction

    Documentation level

    ship_specific

    Accessed

    2026-09-29

    Study period

    1998-07-21 to 1998-07-22

    Population

    RIMPAC 98 firing-unit and EOD personnel

    Limitations

    NavSource and the ship association are non-official compilations; the detail is consistent with, but finer-grained than, the official 22 July date. Record carries the official date with the exercise-overnight framing; the 21-vs-22 July framing difference is documented rather than silently reconciled. OpNav depth figure unverified against a Navy document.

    Atlas source

    true

    Evidence ID

    ev-uss-badger-ff1071-09