Wednesday, October 15, 2014

Erica Y. Bryant, et al. v. USA

Erica Y. Bryant, et al. v. USA - 10/14/14. In the U.S. Court of Appeals, Eleventh Circuit, Case No. 12-15424. The appeal arises out of a multi-district litigation, in which multiple plaintiffs and their family members allege that they experienced various health problems after being exposed to toxic substances in the drinking water while living at Camp Lejeune, a military base in North Carolina. The United States moved to dismiss the case, arguing that the North Carolina statute of repose, the District Court disagreed, concluding that a provision of CERCLA preempted North Carolina's statute of repose. The Appeals Court ruled "CERCLA does not preempt North Carolina's statute of repose. . . and it does not contain an exception for latent diseases."

Shieldalloy Metallurgical Corp v. NRC

Shieldalloy Metallurgical Corp v. NRC - 10/14/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1259. Shieldalloy Metallurgical Corporation petitions for review of a Nuclear Regulatory Commission order reinstating the transfer of regulatory authority to the State of New Jersey under the Atomic Energy Act. The Panel denied the company's petition and said, "We conclude that the NRC has rationally addressed these concerns when it provided a textual analysis of 10 C.F.R. § 20.1403 and explained how New Jersey's regulatory regime is adequate and compatible with the NRC's regulatory program."