Jump to Navigation
Jump to Content

Nielson v. Seaborg

Citation: 2 ELR 20765
No. No. C 170-71, 348 F. Supp. 1369/4 ERC 1659/(D. Utah, 09/26/1972)

Summary judgment is granted to defendants in a suit claiming damages under the Federal Tort Claims Act, as amended, for ratiation exposure and seeking to enjoin further testing by the Atomic Energy Commission and to force compliance with the substantive policies of the National Environmental Policy Act (NEPA). The court concludes that it has no jurisdiction under the Tort Claims Act because plaintiff failed to present its claims to the appropriate federal agency. The court rejects the NEPA claim on the theory that the substantive decision to conduct tests is wholly committed to the President and Congress by the Constitution.

Counsel for Plaintiffs
Alvin I. Smith
Francis J. Nielson
White, Arnovitz & Smith
Deseret Building
Salt Lake City, Utah

Counsel for Defendants
H. Ralph Klemm Asst. U.S. Attorney
489 W. 3500 S.
Salt Lake City, Utah

Irwin Goldbloom
Department of Justice
10th and Pennsylvania Avenue, N.W.
Washington, D.C.

Thomas O. Fleming Chief Counsel
Atomic Energy Commission
Las Vegas, Nevada