Judge dismisses lawsuit over choice of Kansas for bioresearch lab

WASHINGTON | A federal judge has dismissed a lawsuit filed by a Texas consortium protesting how the Homeland Security Department chose Kansas for a planned multimillion-dollar research lab on deadly diseases.

The judge previously said her decision wouldn't prevent the Texas Biological and Agro-Defense Consortium from refiling the suit.

The Texas group's attorney says the suit was dismissed without prejudice. He was meeting with clients Friday to decide whether to refile.

The judge said this month that the lawsuit seemed premature because the laboratory planned for Manhattan, Kan., may never materialize.

The Texas group has complained that the department ignored the high risk of tornadoes in the region and the selection process was tainted by politics.