Affirmed in part; vacated in part. US military personnel, civilian contractors and surviving family members brought suit for injuries allegedly caused by defendant’s waste management and water services across Iraq and Afghanistan. The district court concluded that the suit implicated a political question that was barred and that the Federal Tort Claims Act (FTCA) preempts the Servicemember’s claims. The appellate court stated that federal courts will not examine cases involving political questions because that would encroach on prerogatives of Congress and the President, Baker v. Carr, 369 US 186. Because the case was barred as a political question, the issue of the FTCA preemption need not have been decided. The appellate court vacated the FTCA ruling and affirmed the political question ruling.