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Loughlin v. United States

ELR Citation: 34 ELR 20158
Nos. No. 03-5284, (D.C. Cir., 12/21/2004)

The D.C. Circuit affirms the dismissal of Federal Tort Claims Act (FTCA) claims brought against the U.S. government for burying dangerous munitions and toxic chemicals on property in Washington, D.C., during World War I, failing to issue warnings about the buried munitions and chemicals and the resulting dangerous conditions, and failing to investigate and remedy the hazards and contamination it caused. The court properly dismissed the claims under the discretionary function exception. The parties had a full and fair opportunity to determine the relevant jurisdictional facts and the court had an adequate record upon which to rest its judgment. The individuals also brought negligence actions under local law against a university that leased the land at issue, and the lower court erred in denying the university's motion to dismiss. The court had no subject matter jurisdiction over the FTCA claims and, therefore, had no supplemental jurisdiction to entertain nonfederal claims.