· 10/17/1995
In Re Tmi. General Public Utilities Corp. Metropolitan Edison Company Jersey Central Power & Light Co. Pennsylvania Electric Co. Babcock & Wilcox Company McDermott Incorporated Ue & C Catalytic, Inc. (Raytheon) Burns & Roe Enterprises Dresser Industries
Citations
- 67 F.3d 1103
- 26 Envtl. L. Rep. (Envtl. Law Inst.) 20006
- 1995 U.S. App. LEXIS 28924
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that even though federal law controlled the standard of care in the regulation of nuclear safety, the question whether a damages remedy for injured persons was federally preempted was a separate consideration
- holding that even though federal law controlled the standard of care in the regulation of nuclear safety, the question whether a damages remedy for injured persons was federally preempted was a separate consideration
- holding that the federal dose limit regulations “constitute the federal standard of care” in a public liability action under the Price-Anderson Act and rejecting an argument that ALARA is part of the duty of care
- affirming the district court’s determination that federal law determines the standard of care and preempts state tort law
- applying “the relevant federal regulations ... in place at the time” of the radioactive release caused by Three Mile Island accident at issue
- affirming the district court’s determination that federal law determines the standard of care and preempts state tort law
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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