Climate Change Project

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Federal Tort Claims Act

Atomic Fallout Cases

These cases were brought by persons who were downwind from atomic bomb test sites. They alleged that they were injured by the fallout, and that the government was negligent and should compensate them. The lower court agreed, but the appeals court found that the government had acted intentionally and thus was immune under the discretionary authority provisions of the Federal Tort Claims Act.

In re Consolidated United States Atmospheric Testing Litigation, 820 F.2d 982 (9th Cir.1987), cert. denied, 485 U.S. 905 (1988)

Prescott v. U.S., 973 F.2d 696 (9th Cir.(Nev.) Aug 26, 1992)

Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988)

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