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Torts keyed to Robertson
June v. Union Carbide Corporation
Citation:
United States Court of Appeals, Tenth Circuit, 2009. 577 F.3d 1234.Facts
The Price-Anderson Act imposes strict liability under federal law under those responsible for injuries from nuclear power activities, leaving causation issues to state law of the state where the incident occurred. The Defendant, Union Carbide Corporation, ran and operated a former uranium and vanadium milling town in the town of Uravan, Colorado. To accommodate workers, the Defendant founded the community of Uravan, constructing homes and a number of facilities such as a medical clinic, elementary school, community center, tennis courts, and a swimming pool.
The Defendants ceased operations in Uravan in 1984, after producing 42 million pounds of uranium oxide. In 1986, the Environmental Protection Agency placed Uravan on its National Priorities List, which ranks the nation’s most environmentally hazardous sites for the purpose of prioritizing remedial action. Around this same time, Uravan’s remaining resends were evacuated, remedial actions were taken, and the last standing structures were razed after this suit was filed by the Plaintiffs, twenty-seven former residents of Uravan, who had been diagnosed with various cancers or thyroid diseases.
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