Silkwood vs. Kerr-McGee Corporation: unpredicted fallout
The Silkwood suit is extolled as important precedent because it arguably gives states and private citizens acting as jurors the right to establish de facto nuclear regulatory policy. The Court's rationale in allowing punitive damages based on state tort law principles to be awarded against a private nuclear developer for injuries caused by the release of hazardous radioactive material from its plant is inconsistent with that used in a case involving Pacific Gas and Electric the year before. The author reviews the doctrine of preemption, discusses the legal and factural setting of the Silkwood case, and concludes that the Court could have provided a test similar to that invoked in labor law disputes to determine the available exceptions to total federal preemption of nuclear safety. Without such a test, the results of future litigation over nuclear safety concerns are unpredictable.
- OSTI ID:
- 5973755
- Journal Information:
- J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 6:1; ISSN JELPE
- Country of Publication:
- United States
- Language:
- English
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290300 -- Energy Planning & Policy-- Environment
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290600 -- Energy Planning & Policy-- Nuclear Energy
CASE LAW
INDUSTRY
LAWS
LAWSUITS
LEGAL ASPECTS
NUCLEAR INDUSTRY
PUBLIC POLICY
RADIATION PROTECTION
REGULATIONS
VICTIMS COMPENSATION