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High Court Seeks SG's Take On $1B Plutonium Fight

Posted: October 3, 2011
By: Rachel Slajda
Source: Law360
Practice Areas: Environmental & Mass Tort

Law360, New York (October 03, 2011, 2:06 PM ET) -- The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a plutonium contamination class action, in which the Tenth Circuit reversed a nearly $1 billion judgment against Dow Chemical Co. and the former Rockwell International Corp.

At the heart of the decades-long suit is whether the standard for damages under the Price-Anderson Act, which governs liability for nonmilitary nuclear facilities, is controlled by state or federal law.

The plaintiffs, more than 15,000 property owners near the former Rocky Flats Nuclear Weapons Plant in Colorado, also want the Supreme Court to decide whether - as the Tenth Circuit saw it - they must prove physical injury to the property beyond the presence of plutonium particles in order to collect damages.

View the full article here.