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Dailey v. Bridgeton Landfill, LLC

ELR Citation: 47 ELR 20141
Nos. 4:17 CV 24 CDP, (E.D. Mo., 10/27/2017) (Perry, J.)

A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed that their property had been damaged by soil, dust, and air contamination from improper generation, handling, storage, and disposal of the materials, and sought medical monitoring and damages for emotional distress. The defendants moved to dismiss the claims, arguing that the PAA preempted state claims and that the medical monitoring and emotional distress damages require a claim of bodily harm, which the home owners did not allege. The court agreed, holding that the PAA is the sole avenue for recovery when a public liability action for a nuclear incident is pled, and that since the home owners only alleged property damage and not bodily harm, requests for medical monitoring and emotional distress relief are not allowed under the PAA. The claims were dismissed.