Evidence
13 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-13).
-
[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-downes-ff1070-pkt-zbs-packet-md
-
[2]Owens-Illinois, Inc.'s Joinder to Defendant Elliot Company's Notice of Removal, Siegfried v. 3M Co. et al., No. 2:18-cv-01575-FMO-E (C.D. Cal.), L.A. Super. No. BC691900, ECF No. 50 (filed 2018-03-02) (RECAP) [court_record]
- Locator
- ECF No. 50, pp. 1-2 (Preliminary Statement para. 1, exposure/vessel list - 'USS Downes (FF-1070)' at p.2 line 9)
- Finding type
- litigation_documented
- Finding
- Pleading-stage asbestos personal-injury record explicitly naming this hull: the filing recites that 'Plaintiffs allege that Mr. Terry Lee Siegfried was injured as a result of his exposure to asbestos from Owens-Illinois while an electrician and marine electrician between approximately 1969 and 1996 on the Long Beach Naval Shipyard; USS Roark (FF-1053); USS Gray (FF-1054); USS Hepburn (FF-1055); USS Meyerkord (FF-1058); USS Lockwood (FF-1064); USS Markin [sic] Shields (FF-1066); USS Francis Hammonds [sic] (FF-1067); USS Downes (FF-1070); UFF [sic] Cook (FF-1083); USS Barbey (FF-1088)' and additional cruisers/destroyers/amphibious ships - the complaint's list of sites and vessels where the alleged exposure occurred. Verified this session by independent full-text extraction of the RECAP PDF (pdftotext, p.2 para.1): 'USS Downes (FF-1070)' appears on the vessel list. The alleged window (1969-1996) overlaps this hull's full U.S. commissioned service (1971-1992).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1969-1996 (alleged exposure); 2018 (filing)
- Population
- Terry Lee Siegfried (electrician/marine electrician, Long Beach Naval Shipyard and listed vessels, ~1969-1996); yard workforces and crews of listed vessels
- Limitations
- Pleading allegation, not a finding: the exposure-site list is recited, not adjudicated, and no merits ruling on it exists - the same docket records Owens-Illinois 'Terminated (June 4, 2018)'. Does not establish that Owens-Illinois Kaylo or any asbestos product was aboard this hull, individual exposure, causation, or quantity. The filing's own recital dates Kaylo manufacture to 1948-1958, which predates this hull's 1968-71 construction - the pleading does not map any specific product to this specific vessel. The same complaint appears in this database under other listed hulls (Roark, Gray, Hepburn, Lockwood, Marvin Shields, Francis Hammond, Cook, Barbey, Missouri, and others) - one multi-vessel pleading, not independent corroboration per hull.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-01
-
[3]Naval Vessel Register ship-detail record, DOWNES (FF 1070) ex-DE 1070 (NAVSEA; live interface serves only a navigation shell for this disposed hull - Wayback capture 2020-12-06 used) [other_primary]
- Locator
- NVR SHIPSDETAIL_FF_1070.HTML - vessel status, milestone dates, physical characteristics tables
- Finding type
- vessel_history
- Finding
- Official NVR milestone record for this hull: class FF 1052 (Knox); UIC 54065; builder 'Todd Shipyards Corp., Seattle Div'; award 07/22/1964; keel 09/05/1968; launch 12/13/1969; delivery 06/29/1971; commission 08/28/1971; decommission 06/05/1992; stricken 01/11/1995; status 'Disposed of in support of Fleet training exercise,' date status changed 08/15/2003. Physical characteristics: 438 ft overall / 415 ft waterline; beam 47 ft; max navigational draft 25 ft; displacement 3,187 tons light / 4,168 tons full; steel hull, aluminum superstructure; 1 propeller; propulsion type 'Steam Turbines'; accommodations 20 officers + 255 enlisted. Last record update 08/29/2003.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1964-2003
- Population
- Construction trades at Todd Seattle (1968-71); crews 1971-92 (accommodations 275)
- Limitations
- NVR documents milestones, characteristics, and disposition - not materials or asbestos content. The reclassification DE-1070 to FF-1070 (30 June 1975, per NavSource) is implicit in the 'ex-DE 1070' flag; the register carries no shipyard-period detail, no homeport, and no sinking coordinates. Live nvr.navy.mil serves only the shell page for this disposed hull; the Wayback capture is the record cited.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-02
-
[4]NavSource Online, Destroyer Escort Photo Index DE-1070 USS Downes (building/operational data sheet and dated photo captions citing U.S. Navy/DVID/NARA image numbers) [other_primary]
- Locator
- navsource.net/archives/06/06021070.htm - 'Building and Operational Data' block; photo captions 0602107021 (Mare Island, 2002-07-03), 0602107022 (Golden Gate tow, 2003-08), 0602107010 (Lockheed overhaul, 1983-10-05)
- Finding type
- vessel_history
- Finding
- NavSource data sheet and photo archive for this hull: building contract awarded to Todd Shipyards Corp. 22 July 1964; keel laid 5 September 1968 at Todd Shipyard Corp., Seattle, Wash.; launched and christened 13 December 1969 by sponsor Mrs. Philip L. Kelton, great-granddaughter of Commodore John Downes; commissioned 28 August 1971, Cmdr. Edmund B. Bossart Jr. in command; reclassified frigate FF-1070 on 30 June 1975; decommissioned 5 June 1992 'after 20 years and 8 months of service'; struck 11 January 1995; '15 August 2003: sunk as a target off the West Coast by Harpoon missiles launched from P-3 aircraft'; transfer to Taiwan considered but declined. Dated photo captions document: 1 June 1983 at Naval Station Subic Bay with USS Bronstein (FF-1037); 5 October 1983 'undergoing an overhaul at the Lockheed Shipbuilding and Construction Company,' Seattle; 5 November 1986 outbound under the Coronado Bridge, San Diego; 3 July 2002 hulk at Mare Island 'scheduled for a Sinkex'; August 2003 towed under the Golden Gate Bridge 'on her final voyage.' Third ship named Downes (after DD-45 and DD-375).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1964-2003
- Population
- Todd Seattle construction trades 1968-71; Lockheed Seattle overhaul workforce October 1983; inactive-ship maintenance and SINKEX preparation crews at Bremerton and Mare Island 1995-2003
- Limitations
- NavSource is a volunteer-compiled photographic archive, not an official record - used here for the christening/sponsor detail, the reclassification date, the documented Lockheed Seattle overhaul (October 1983), the Mare Island target-preparation window (July 2002), and the sinking manner (P-3-launched Harpoons), all consistent with the official NVR milestones. It does not address materials or asbestos.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-03
-
[5]navysite.de compiled ship history for USS Downes (FF-1070) (secondary compilation; consistent with NVR milestones; provides commissioning venue, deployment chronology, casualty and disposal detail) [reputable_press]
- Locator
- navysite.de/ff/ff1070.htm - history narrative, 'Accidents aboard' section, general-characteristics block
- Finding type
- vessel_history
- Finding
- Compiled chronology for this hull: commissioned at Bremerton, Wash., 28 August 1971; early-1970s service as operational test and evaluation platform for the Harpoon antiship missile, Sea Sparrow point-defense missile, and Mark 23 Target Acquisition System from West Coast facilities; reclassified FF-1070 on 30 June 1975; San Diego homeport across documented deployments (1979 Ranger task group deployment including 29 Vietnamese refugees taken aboard 5 April and transferred to USS Brunswick ATS-3; 1980-81 Indian Ocean deployment culminating in both-boiler casualty - under tow by USNS Narragansett T-ATF-167 from the vicinity of Diego Garcia toward Subic Bay 20 February 1981, one boiler restored 22 February; 1984-85 Carl Vinson battle group deployment with Fleetex 85-1, Subic upkeep, and extended alongside maintenance by USS Vulcan AR-5 at Al Masirah, Oman); 10 October 1989 sailor lost overboard SW of Tokyo (PO3 David M. Yanders); decommissioned 5 June 1992; moored at Bremerton 1995-2002 pending a Taiwan transfer that did not occur; moved to Mare Island in 2002 for SINKEX preparation; sunk 15 August 2003 at 031 deg 10'01"N 119 deg 48'03"W.
- Verification
- partial
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1971-2003
- Population
- Crew ~275 accommodations (NVR); repair-ship workforce aboard USS Vulcan at Al Masirah (Feb 1985); Subic Bay repair workforce (Feb-Mar 1981 boiler repairs)
- Limitations
- Secondary compilation, not an official record - every load-bearing date was cross-checked against NVR/NavSource and agrees; the commissioning venue (Bremerton), deployment detail, casualty narrative, Taiwan-transfer window, and sink coordinates rest on this compilation alone and are carried as such. No asbestos content.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-04
-
[6]NHHC DANFS coverage check: no DANFS entry exists for Downes III (DE-1070/FF-1070) - NavSource states 'The DANFS history for USS Downes (DE 1070) is not presently available at the Naval History and Heritage Command'; history.navy.mil DANFS pages exist for Downes I (DD-45) and Downes II (DD-375) only; direct URL probes for a Downes III entry return 404 [other_primary]
- Locator
- history.navy.mil/research/histories/ship-histories/danfs/d/ - Downes I and II present, Downes III absent; navsource.net archives/06/06021070.htm 'Downes History' box
- Finding type
- historical_record
- Finding
- No DANFS entry exists for this hull. The published Dictionary of American Naval Fighting Ships volumes end their chronological coverage before this 1971 hull; NHHC has not produced an online entry for Downes III. The standard ship-specific service-history source available for sister hulls (e.g., Barbey DE-1088, Kirk DE-1087) is absent here, so the service record rests on the NVR milestone record, NavSource's data sheet/photo captions, and compiled secondaries.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 2026-09-29 (coverage check)
- Limitations
- Absence of a DANFS entry is a coverage gap in the reference work, not a statement about the ship. It reduces confidence in narrative details (deployments, homeport, availabilities) that for sister ships are DANFS-verified; NHHC digitized command-operation reports remain an open archival lead.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-05
-
[7]GAO HRD-80-2, 'Navy Efforts To Protect Workers From Asbestos Exposure' (18 October 1979), including the Navy's enclosure listing ship classes and asbestos reinsulation cost estimates (full text via Wayback capture of gao.gov/assets/hrd-80-2.pdf; live gao.gov serves 403 to automated fetches) [gao]
- Locator
- HRD-80-2 digest/summary (1973 spec change; 1975/1979 policy; 'delivered ... as late as May 1978'); Navy enclosure cost table (FF-1052 class line: est. $4.32M/ship, 45 ships) and ship-list attachment (FF-1090-1097 marked 'Asbestos thermal insulation')
- Finding type
- asbestos_application
- Finding
- Era/class documentation naming this hull's class: the Navy's enclosure to GAO lists the FF-1052 (Knox) class among classes carrying asbestos thermal insulation, with an estimated $4.32 million per ship to remove asbestos thermal insulation 'from piping, equipment and ventilation ducting' and reinsulate with non-asbestos material (45 active ships listed for the class). The same enclosure's per-ship table marks Knox-class hulls FF-1090 through FF-1097 (delivered 1973-74) 'Asbestos thermal insulation.' GAO records that thermal-insulation specifications were revised to asbestos-free materials in 1973 but that 'asbestos materials had already been purchased and in some cases installed in ships under construction. Therefore, some ships were delivered with asbestos insulation as late as May 1978' - and 'all ships contain some asbestos in such components as clutches and electric cables.' Navy policy (October 1975, modified January 1979) was to replace asbestos insulation when damaged or removed for repairs, plus selective replacement in high-maintenance areas; the Navy declined a one-time removal program (~$2 billion estimate). OPNAVINST 6260.1 (April 1974, revised August 1978) established the asbestos control program.
- Verification
- verified
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-29
- Study period
- 1973-1979
- Population
- Navy shipyard workers (Long Beach and Norfolk Naval Shipyard fieldwork); crews of asbestos-insulated ships fleet-wide
- Limitations
- Program- and class-level document; does not name this hull. This hull was delivered June 1971 - before the 1973 specification change and inside the asbestos-era construction window the enclosure describes - and its class is explicitly listed as carrying asbestos thermal insulation, but this source alone cannot establish the quantity, locations, or condition of asbestos aboard this specific hull.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-06
-
[8]NAVSEA Manufacturing Technology Project DNS-686, 'Removal of Pre-Formed Asbestos Insulation' (final report, Southwest Research Institute, October 1982; DTIC AD-A122 347) [other_primary]
- Locator
- DNS-686 executive summary and section IV-D (PHNSY initiation; $280,000/ship estimate)
- Finding type
- abatement_record
- Finding
- Navy technical report: 'Removal of asbestos thermal insulation from Naval vessels has become one of the most critical elements in the ship repair process.' The impregnation/entrapment removal program was initiated by Pearl Harbor Naval Shipyard under Navy contract N00604-80-C-A265; the prototype system was shipped to PHNSY for full-scale production tests, and the report computes a nominal $280,000 per ship for insulation removal using Pearl Harbor Naval Shipyard historic data.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-29
- Study period
- 1978-1982
- Population
- Naval shipyard trades (insulators, shipfitters), late 1970s-early 1980s
- Limitations
- Documents that shipboard asbestos thermal-insulation removal was formalized, routine Navy work in 1978-1982 - the era of this hull's service including its February-March 1981 boiler-casualty repairs at Subic Bay and October 1983 Lockheed Seattle overhaul - but the report names no combatant ship and the test yards (PHNSY; Long Beach barge trials) are not this hull's documented yards. Does not establish that this hull's insulation was or was not disturbed in any availability.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-07
-
[9]Herring v. Texaco, Inc., 161 Wash. 2d 189, 165 P.3d 4 (2007) (Washington Supreme Court) - as carried at yard level in the Atlas shipyard dataset, todd-shipyards [court_record]
- Locator
- Herring v. Texaco opinion (exposure history and bar-date analysis); shipyards.json record 'todd-shipyards'
- Finding type
- litigation_documented
- Finding
- Builder-yard documentation overlapping this hull's construction window: the Washington Supreme Court opinion records that Roger Herring worked for subcontractors at Todd Shipyards' Seattle-area operations during the 1960s through early 1970s, developed pleural thickening (1986), asbestosis, and fatal mesothelioma (2002) - the same yard (Todd Shipyards Corp., Seattle Division) and period in which this hull was built (keel September 1968 - delivery June 1971).
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-29
- Study period
- 1960-2002
- Population
- Todd Shipyards subcontractor workforce, 1960s-early 1970s
- Limitations
- Yard-level documentation only: the opinion addresses asbestos exposure at Todd's Seattle-area operations and Todd's 1987 Chapter 11 claim bar-date issues; it does not name this hull or describe materials installed in it. Establishes that the builder's workforce worked with asbestos products in the construction era, not that any specific product went into DE-1070.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-08
-
[10]EPA, 'Determination and Agreement' letter to the Navy on the MPRSA general permit for the SINKEX program, 40 C.F.R. 229.2 'Transport of Target Vessels' (signed January 24, 2014, superseding the August 2, 1999 letter in force when this hull was sunk in August 2003) [federal_register]
- Locator
- EPA Determination and Agreement (Jan 24, 2014), paragraphs on permit terms, vessel preparation, PCB survey/sampling; 40 C.F.R. 229.2
- Finding type
- regulatory
- Finding
- Program-level documentation of the regime under which this hull was sunk: SINKEX vessels sink under the MPRSA general permit, which requires that 'appropriate measures be taken to remove, to the maximum extent practicable, all materials that may degrade the marine environment' (40 C.F.R. 229.2(a)(4)) - historically including emptying fuel tanks/lines and removing trash, floatables, and mercury/fluorocarbon items. The EPA-Navy agreement framework (1999 letter; 2014 Determination) centers on PCBs in solid shipboard materials (insulation, wires, felts, rubber gaskets) - requiring a per-vessel PCB survey and removal of defined liquid-PCB items, with a 100-pound residual threshold. Asbestos is not addressed as a removal item in the SINKEX preparation requirements.
- Verification
- verified
- Role
- context
- Documentation level
- context_only
- Accessed
- 2026-09-29
- Study period
- 1999-2014 (regime); 2003 (this hull's sinking)
- Population
- Inactive-ship and target-preparation workers; tow crews (Bremerton to Mare Island 2002; San Francisco Bay tow-out August 2003)
- Limitations
- Program-level context only; post-dates (2014) and generalizes (1999) this hull's August 2003 sinking. It documents what the preparation regime required of SINKEX hulks like ex-Downes - not what was actually removed from or left aboard this hull. No per-vessel SINKEX preparation record for ex-Downes was located; the Navy's 45-day pre-sinking notification to EPA (vessel name, class, tonnage, cleaning description, PCB estimate) is the open lead.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-09
-
[11]Batch-4601 CourtListener sweep (this record): opinion and docket searches for the vessel name and hull numbers, via the authenticated fleet helper [court_record]
- Locator
- search_ledger rows sl-uss-downes-ff1070-04 through -07
- Finding type
- litigation_documented
- Finding
- Litigation sweep for this hull: the sole qualifying asbestos record located is the Siegfried v. 3M pleading-stage vessel list naming FF-1070 (ev-01, verified by direct RECAP document retrieval). CourtListener exact-phrase opinion search '"USS Downes"' (type=opinion) returned 0 hits - no published opinion names the ship. The complementary sweeps - '"USS Downes"' at the docket level (type=docket) and the hull-number queries '"FF-1070"' / '"DE-1070"' - were attempted repeatedly but blocked by the fleet-wide request pacing budget across the session; they are logged as blocked/pending in the search ledger, not as verified negatives.
- Verification
- partial
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 2026-09-29
- Limitations
- Absence of indexed hits does not prove absence of litigation - PACER/RECAP coverage of older state-court removals and unindexed dockets is incomplete, and 'Downes' is a common surname requiring exact-phrase discipline. The docket-level and hull-number sweeps are INCOMPLETE (pacing limit); treat as open leads. The verified Siegfried naming (ev-01) is the positive result of this sweep.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-10
-
[12]Batch-4601 search ledger (this record): NVR (live + Wayback), NavSource, navysite.de, NHHC DANFS index, GAO HRD-80-2, NAVSEA DNS-686 (DTIC), EPA SINKEX MPRSA documents, shipyards.json yard records, VA BVA check, CourtListener [other_primary]
- Locator
- search_ledger rows sl-uss-downes-ff1070-01 through -12
- Finding type
- historical_record
- Finding
- No qualifying ship-specific asbestos record beyond the Siegfried pleading: no asbestos survey, abatement contract, hazmat disclosure, Board of Veterans' Appeals decision, command-history asbestos mention, or adjudicated case naming USS Downes (DE-1070/FF-1070) was found in the public sources searched (see search_ledger). The strongest proximity evidence is (a) the class-level Navy enclosure listing the FF-1052 class for asbestos reinsulation (ev-06) and (b) yard-level documentation at the builder (Todd Seattle; Herring v. Texaco exposure window overlaps the 1968-71 build) and overhaul yard (Lockheed Seattle, tier-3 asbestos-documented yard, October 1983 availability).
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 2026-09-29
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - a 1968-71 1,200-psi steam plant is era-consistent with substantial asbestos insulation and the class is Navy-listed for it - and the hull was sunk in 2003, so no U.S. end-of-life abatement or survey file should be expected. Does not establish or defeat any claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-11
-
[13]Hull-level records that could contain ship-specific materials or hazmat data: NARA Record Group 24 deck logs for the 1971-1992 commission period; BuShips/NAVSEA hull-specific specifications (Knox class SCB No. 199C/1964); the Navy's per-vessel 45-day pre-SINKEX notification to EPA (vessel name, class, tonnage, cleaning description, PCB estimate) for the 2003 sinking; Todd Seattle and Lockheed Seattle work packages (1968-71 build; October 1983 overhaul); NHHC digitized command-operation reports [other_primary]
- Locator
- search_ledger pending rows; NARA catalog not queried to holding level
- Finding type
- historical_record
- Finding
- Open archival leads for this hull: (1) NARA RG 24 deck logs, 1971-1992; (2) BuShips/NAVSEA hull or SCB-199C specification books (NARA RG 19 General Information Books precedent); (3) the Navy's per-vessel SINKEX notification to EPA under the 1999 letter terms - which should carry the hulk's cleaning description and PCB estimate; (4) builder/repair work packages - Todd Pacific Shipyards Seattle (construction, 1968-71) and Lockheed Shipbuilding Seattle (October 1983 overhaul, documented by NavSource photo); (5) NHHC command-operation reports (not located in digitized collections).
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1971-2003 (records); 2026-09-29 (search date)
- Limitations
- Leads only - none of these records was retrieved or inspected; their existence and contents are unverified. The SINKEX notification may exist in EPA/Navy administrative files but was not found public.
- Atlas source
- true
- Evidence ID
- ev-uss-downes-ff1070-12