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Cook v. Rockwell Int’l Corp., — F.3d —-, 2015 WL 3853593 (10th Cir. June 23, 2015)

Jun 23, 2015

The Price-Anderson Act does not preempt state law claims for alleged releases of plutonium and other hazardous releases. The Court “consider[ed] how far Congress went in reshaping state tort claims involving what the Act delicately refers to as nuclear ‘incidents’ and ‘occurrences.’” The Court found that a nuclear “incident” was defined plainly enough in the statutory language as an “occurrence” that causes “bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property.”