· 7/27/1993
Lamb v. Martin Marietta Energy Systems, Inc.
Citations
- 835 F. Supp. 959
- 24 Envtl. L. Rep. (Envtl. Law Inst.) 20575
- 1993 U.S. Dist. LEXIS 14042
- 1993 WL 437204
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding health risk must be proved in part because liability precluded on other grounds if contamination was below federally mandated safety levels
- noting in dicta that the public function exception would apply to an enriched uranium plant that was allegedly contaminating the plaintiffs’ soil, air, and water
- applying the public duty exception to a nuclear facility because under Kentucky law the public duty exception includes entities engaged in activities of public necessity even when there is no legal duty to perform them
- applying the public duty exception to a nuclear facility because under Kentucky law the public duty exception includes entities engaged in activities of public necessity even when there is no legal duty to perform them
- “The Supreme Court has long held that the Supremacy Clause forbids state regulation of the federal government’s activities.” (citing McCullough, 17 U.S. at 426)
- summarily noting in factual background that Ohio law applied under § 2014(hh)
Source: CourtListener parenthetical corpus (CC0).
Judges: Foreman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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