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Friday, November 02, 2007
Environment - "Sixth Gives Green Light to Environmental Tort Suit"
The blog Decision of the Day has this interesting post, that begins:
In a big decision at the intersection of tort law and environmental law, the Sixth Circuit is allowing a group of Kentucky homeowners to proceed with their claims that a nearby uranium enrichment plant brought down their property values.The decision is Smith v. Union Carbide Corp.The plant has been operating in Paducah since 1952, although both the ownership and the level of safety measures have varied over the years. In recent years, testing showed that the plant’s operations had contaminated the local groundwater, surface water, and soil. Cleanup efforts have been ongoing since 1988.
The plaintiffs are sixteen homeowners who live within ten miles of the plant. They filed suit in 1997, claiming that the radiological contamination of the area had interfered with the use and enjoyment of their homes and had lowered their property values. They alleged that the plant’s various owners are liable for contaminating their land under intentional trespass and private nuisance theories. They also claimed strict liability.
Posted by Marcia Oddi on November 2, 2007 12:08 PM
Posted to Environment