Evidence
15 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-15).
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[1]CourtListener opinion search: 'USS Kilauea' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener opinion search 'USS Kilauea' returned 0 results (2026-10-07)
- Verification
- verified
- Role
- negative_finding
- Documentation level
- context_only
- Limitations
- zero-hit search; absence of hits is not proof of no litigation
- Evidence ID
- uss-kilauea-ae26-cl-name-opinion
-
[2]CourtListener docket search: 'USS Kilauea' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener docket search 'USS Kilauea' returned 29 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- context_only
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed; name query may match same-named vessels
- Evidence ID
- uss-kilauea-ae26-cl-name-docket
-
[3]CourtListener opinion search: 'AE-26' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener opinion search 'AE-26' returned 3690 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed
- Evidence ID
- uss-kilauea-ae26-cl-hull-opinion
-
[4]CourtListener docket search: 'AE-26' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener docket search 'AE-26' returned 175386 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed
- Evidence ID
- uss-kilauea-ae26-cl-hull-docket
-
[5]Naval Vessel Register (NAVSEA, on behalf of CNO), ship detail page KILAUEA (AE 26) - live page removed after disposal; Wayback capture 2016-10-26 [other_primary]
- Locator
- NVR AE-26 detail page, milestone dates + physical characteristics tables
- Finding type
- vessel_history
- Finding
- Naval Vessel Register record for KILAUEA (AE 26), Ammunition Ship, UIC 05838: builder General Dynamics Corp.; awarded 1965-03-30; keel 1966-03-10; launched 1967-08-09; delivered 1968-06-12; commissioned 1968-08-10; decommissioned 1980-10-01; inactivated and stricken 2008-09-15; status 'Disposed of in support of Fleet training exercise' effective 2012-07-22. Physical characteristics: 564 ft oa / 540 ft wl, 81 ft beam, 31 ft max navigational draft; 11,915 tons light / 20,169 tons full load; steel hull and superstructure; steam turbines, 1 propeller; accommodations 28 officers / 375 enlisted. Page last updated 2012-09-24.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1965-2012
- Limitations
- Authoritative official inventory record (archived capture; the live NVR drops disposed hulls). Establishes identity, construction milestones, characteristics, and disposal status/date. Contains no asbestos, materials, or hazmat information; supports no asbestos claim by itself.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-01
-
[6]Order, Quiroz-Greene v. Thomas Dee Engineering Co., et al., E.D. Pa. No. 2:11-cv-67756-ER (MDL-875), Jan. 28, 2014 (Robreno, J.) - official court-hosted PDF [court_record]
- Locator
- Order pp. 1-2 (alleged exposure aboard USS Kilauea T-AE-26); pp. 9-11 (negligence analysis, defenses, conclusion)
- Finding type
- litigation_documented
- Finding
- In Quiroz-Greene v. Thomas Dee Engineering Co., et al. (E.D. Pa. No. 2:11-cv-67756-ER, consolidated under MDL-875, transferred Nov. 2011 from N.D. Cal. No. 11-05133), plaintiffs alleged decedent Lejon Greene was exposed to asbestos while working aboard Navy ships 1978-1987; the opinion states 'the alleged exposure pertinent to Defendant General Dynamics occurred during Decedent's work aboard: USS Kilauea (T-AE-26).' Order of 2014-01-28 (Robreno, J.): GRANTED General Dynamics summary judgment on strict product liability claims (a Navy ship is not a 'product' under Mack v. GE); DENIED summary judgment on negligence claims - the court found plaintiffs identified sufficient evidence to reach a jury on whether defendant's failure to warn was reasonable and causal; government-contractor and sophisticated-user defenses also denied at this stage.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- Alleged exposure 1978-1987; order 2014-01-28
- Population
- Lejon Greene (decedent; alleged work aboard 1978-1987); co-worker declarant Dave Rivera (aboard 1979-1984)
- Limitations
- Summary-judgment-stage record: the ship-specific exposure claim survived SJ on negligence theories and was dismissed on strict product liability (a legal-status ruling, not an exposure finding). No trial finding, verdict, or affirmed judgment on exposure aboard this hull was located; ultimate disposition after the 2014 order is unverified. Establishes that asbestos exposure aboard this hull was litigated with evidence sufficient to defeat SJ - not that exposure or causation was adjudicated.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-02
-
[7]Order, Quiroz-Greene v. Thomas Dee Engineering Co., et al., E.D. Pa. No. 2:11-cv-67756-ER (MDL-875), Jan. 28, 2014 - official court-hosted PDF [court_record]
- Locator
- Order p. 8 (Rivera declaration summary, Pl. Ex. C, Doc. No. 47-1); pp. 9-10 ('evidence that Defendant installed asbestos insulation aboard the ship'; undisputed failure to warn)
- Finding type
- litigation_product_id
- Finding
- In the same MDL-875 order, the court recorded that 'Plaintiffs have presented evidence that Defendant installed asbestos insulation aboard the ship' and that it was undisputed defendant did not warn of asbestos products (specifically asbestos insulation) it installed aboard the ship; the co-worker declaration of Dave Rivera (aboard 1979-1984) described exposure to respirable asbestos dust from insulation the decedent disturbed and/or removed, with no asbestos warnings observed and no respirator or protective gear worn. Product identified: asbestos insulation aboard USS Kilauea, attributed to builder General Dynamics at installation.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1978-1987 alleged; order 2014-01-28
- Population
- Navy shipboard workers aboard USS Kilauea, 1978-1987 window (litigation period); co-worker declaration window 1979-1984
- Limitations
- Product identification rests on plaintiffs' evidence as characterized at the summary-judgment stage (co-worker declaration + the court's sufficiency finding) - not a trial finding, expert report, or material specification. Whether the insulation at issue was original installation or later replacement was expressly left to the jury. Does not quantify material, establish causation for any individual, or establish legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-03
-
[8]Board of Veterans' Appeals, Citation Nr. A22003413, Decision Date 2022-02-28 (docket 191220-61074) - official VA decision file [court_record]
- Locator
- BVA decision, Reasons and Bases - Vietnam service paragraphs
- Finding type
- vessel_history
- Finding
- Board of Veterans' Appeals decision (Citation Nr. A22003413, Feb. 28, 2022) records that a veteran 'served aboard the USS Kilauea from December 1969 to September 1972,' and that 'in response to a December 2010 Request for Information record, it was confirmed that the USS Kilauea was in the official waters of the Republic of Vietnam for multiple periods from August 1970 to June 1972.' The veteran testified to Officer of the Deck duty during firing exercises of the ship's gun mounts and periodic in-country presence via mail call and resupply flights from the ship.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1969-1972 service; decision 2022-02-28
- Population
- Crew aboard USS Kilauea 1969-1972 (Vietnam service window)
- Limitations
- Administrative adjudication record confirming the ship's presence in official RVN waters Aug 1970 - Jun 1972 via a Dec 2010 RFI; the underlying claim was a herbicide/skin-cancer claim, not asbestos - this row documents service history only and supports no asbestos claim. BVA decisions are non-precedential.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-04
-
[9]Associated Press, 'Navy ready to sink its old ships again' (via The Spokesman-Review, 2012-07-03; same wire via Bangor Daily News 2012-07-02) [reputable_press]
- Locator
- AP wire text: Beaman quote on stripping PCBs/asbestos; 1999 EPA agreement description; three-ship target list naming Kilauea
- Finding type
- environmental_record
- Finding
- Associated Press reporting (July 2-3, 2012) documented that ex-Kilauea, ex-Niagara Falls, and ex-Concord were the three inactive vessels designated as RIMPAC 2012 SINKEX targets off Hawaii, following Navy lifting of its ~2-year SINKEX moratorium; Vice Admiral Gerald Beaman, combined task force commander, stated 'each ship will be stripped of PCBs and other contaminants such as asbestos, as required by the Navy's agreement with EPA.' The report describes the 1999 EPA framework: EPA ordered the Navy to document toxic waste left on doomed ships while removing as much material as possible, in exchange for exemption from federal ocean-dumping prohibitions; the Navy estimates residual pollutants aboard prepared hulls and files annual PCB estimates with EPA.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 2012 (prep and sinking); agreement framework 1999
- Population
- SINKEX preparation/abatement workers; any residual material went down with the hull
- Limitations
- Press-level documentation that the hull underwent the standard SINKEX hazmat-preparation regime (PCB/contaminant stripping 'such as asbestos') before sinking; the asbestos reference is the program's general description applied to this named hull. Does not quantify asbestos removed or retained, does not identify products or locations aboard, and does not establish crew exposure. The underlying per-vessel EPA estimate was not located.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-05
-
[10]Associated Press via Honolulu Star-Advertiser, 'Australian sub sinks target ship Kilauea during RIMPAC' (2012-07-22); RAN release via Maritime Professional (2012-07-24); U.S. Pacific Fleet, 'RIMPAC 2012 Concludes' (cpf.navy.mil) [reputable_press]
- Locator
- Star-Advertiser breaking item (date, depth, distance off Kauai); maritimeprofessional.com/news/submarine-sinks-ship-during-rimpac-226413 (Farncomb, Mk 48, breakup); https://www.cpf.navy.mil/Newsroom/News/Article/2754127/rimpac-2012-concludes/
- Finding type
- vessel_history
- Finding
- On the morning of Sunday, July 22, 2012, the former USS/USNS Kilauea was sunk as a SINKEX target during RIMPAC 2012: Royal Australian Navy submarine HMAS Farncomb (Collins class) fired one Mark 48 torpedo that struck below the bridge; the hull broke in two and sank about 40 minutes later, 63 nautical miles off Kauai in approximately 15,480 feet of water. NVR records the disposal status change 2012-07-22; the Commander U.S. Pacific Fleet post-exercise release confirms three SINKEXs were conducted at RIMPAC 2012.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 2012-07-22
- Limitations
- Establishes disposal date/location/method; sinking date 2012-07-22 corroborated by NVR status-change date. Wikipedia's 'expended as a target 24 July 2012' reflects press-coverage date, not the sinking - logged as a correction. No asbestos content in these sources; relevant because disposal method determines the hazmat-prep regime the hull underwent.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-06
-
[11]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct 18, 1979) [gao]
- Locator
- GAO product page HRD-80-2 (full text blocked to automated fetch, HTTP 403 - product-page description used, as in batch-01)
- Finding type
- gov_survey
- Finding
- GAO documented the Navy's asbestos-protection program and its 1975/1979 insulation-removal policies - program-level evidence that Navy ships built before the mid-1970s asbestos phase-out, including steam-propelled auxiliaries of this ship's 1966-68 construction era, were constructed and maintained with asbestos-containing insulation products.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-22
- Study period
- 1979 report; relevant era for this hull 1966-2008
- Population
- Navy shipyard workers; crews of pre-phase-out hulls (program context)
- Limitations
- Program/era-level documentation, not hull-specific: does not name this vessel and does not establish that asbestos was or remained aboard this hull, nor quantity, location, condition, exposure, or causation. Supports era context for construction-era insulation and any overhaul rip-out only.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-07
-
[12]ShipScribe (S. Roberts), USS Kilauea (AE 26) Class monograph - transcription of NARA RG 19 SCB records (cited in-page) and NVR data [other_primary]
- Locator
- Class characteristics block; construction/disposition tables; SCB 249/703.65-703.66 design narrative
- Finding type
- vessel_history
- Finding
- ShipScribe class monograph (transcription of NARA RG 19 Ship Characteristics Board records and NVR data) documents the Kilauea (AE-26) class design: SCB Projects 703.65/703.66, FY1965 program, C4 Mariner-derived hull 564 ft oa; steam turbines, 3 pressure-fired boilers (600 psi), 22,000 shp, single screw, 20 kt sustained; accommodations 28 officers / 375 enlisted (AE-26); construction table for AE-26: ordered 1965-03-30, keel 1966-03-10, launched 1967-08-09, commissioned 1968-08-10; disposition table: inactivated/stricken 2008-09-15, disposal 2012-07-22, fate 'Target.' The design carried four twin 3-inch/50 mounts and CH-46 VERTREP capability.
- Verification
- partial
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-22
- Study period
- 1963-1972 design/construction; page accessed 2026-09-22
- Population
- Class design complement figures (28 officers / 375 enlisted per NVR; SCB design figures differ slightly)
- Limitations
- Secondary transcription of official records - milestone dates and disposal corroborated against NVR capture; machinery/spec detail not independently verified against primary SCB documents this pass. ShipScribe's construction table labels the builder 'Bethlehem Quincy' while NVR says General Dynamics Corp. - resolved to GD (Bethlehem sold the Quincy/Fore River yard to GD in 1963-64, before the 1965 award); the yard label discrepancy is logged. No asbestos content in the source.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-08
-
[13]Batch-493 search ledger (this record): NHHC DANFS index (no AE-26 entry), NVR, VA BVA decisions, MARAD ShipHistory, CourtListener (throttled), shipscribe, AP/EPA records [other_primary]
- Locator
- search_ledger rows sl-uss-kilauea-ae26-01 through -12
- Finding type
- historical_record
- Finding
- Negative finding (scoped): beyond the Quiroz-Greene litigation record and the SINKEX-prep regime, no asbestos survey, abatement contract, hazmat disclosure, donation condition, or adjudicated exposure finding naming this hull was located in the public sources searched. DANFS has no entry for AE-26 (only the AE-4 stub); NVR contains no materials data; BVA search surfaced a single USS Kilauea decision on a non-asbestos theory (herbicide/skin cancer); MARAD ShipHistory shows no custody record (hull remained Navy through disposal); CourtListener ship-name and hull-number searches were blocked by API throttling this session (see search_ledger) - the litigation sweep is therefore incomplete.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 2026-09-22
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - a 1968 steam auxiliary is era-consistent with installed ACM, and the SINKEX prep quote implies contaminants were present to strip. Does not establish presence or absence beyond the litigation record; does not establish or defeat any exposure claim or legal eligibility. CourtListener sweep pending - see ledger.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-09
-
[14]NARA Guide to Federal Records: RG 24 (Navy deck logs) and RG 19 (Bureau of Ships/SCB records); EPA MPRSA ocean-dumping permit docket (SINKEX notifications) [other_primary]
- Locator
- RG 24/RG 19 record-group guides; EPA SINKEX documentation described in AP reporting and the April 2012 EPA-filed petition
- Finding type
- historical_record
- Finding
- Archival leads (not retrieved - no spend authorized): (a) NARA RG 24 Navy deck logs for USS Kilauea, 1968-1980 commission period (plus USNS period records) - would document operations and shipyard availabilities; (b) NARA RG 19 SCB Project files 703.65/703.66 - class design correspondence and characteristics; (c) the per-vessel pre-sinking pollutant/asbestos estimates the Navy files with EPA under the SINKEX agreement (FOIA route; EPA MPRSA docket); (d) NHHC ship L-file photographs and any command histories for AE-26.
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- context_only
- Accessed
- 2026-09-22
- Study period
- 1965-2012 records
- Limitations
- Record-group mapping only - no box-level retrieval performed; existence of asbestos-specific documents for this hull is unknown until surveyed. Nothing in this row is an asbestos finding.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-10
-
[15]BAN/Sierra Club/CBD petition to EPA re MPRSA SINKEX permit (April 2012), EPA docket-hosted PDF; CBD/Earthjustice press release 2012-06-28 describing the companion complaint [other_primary]
- Locator
- Petition text (EPA acknowledgment passage; requested permit amendments); biologicaldiversity.org press release for the companion suit
- Finding type
- regulatory
- Finding
- An April 2012 petition filed with EPA by Basel Action Network, Sierra Club, and Center for Biological Diversity (hosted in EPA's docket) documents the regulatory frame within which ex-Kilauea was prepared and sunk: it asks EPA to amend the MPRSA general permit for SINKEX (or adopt TSCA rules) and records EPA's acknowledgment that SINKEX vessels 'are sunk while still containing toxic materials within their composition, including asbestos, polychlorinated biphenyls (PCBs), iron, lead paint and antifouling paint.' A companion Sierra Club/BAN complaint against EPA (N.D. Cal., filed ~June 2012, Earthjustice counsel) challenged the SINKEX exemption.
- Verification
- verified
- Role
- context
- Documentation level
- context_only
- Accessed
- 2026-09-22
- Study period
- Petition 2012-04; program record 1999-2012
- Population
- SINKEX program targets generally (program context)
- Limitations
- Advocacy petition, not a government finding - cited for the regulatory regime and EPA's acknowledgment that SINKEX hulls retain residual toxics including asbestos; it does not name this hull or quantify its materials. Companion litigation outcome not verified.
- Atlas source
- true
- Evidence ID
- ev-uss-kilauea-ae26-11