Actual and Punitive Damages for Exposures Within Regulatory Limits: The Karen Silkwood Case

March 1984
Citation:
14
ELR 10126
Issue
3
Author
Harry H. Voigt

Editors' Summary: Bill Silkwood appealed the verdict of the Tenth Circuit Court of Appeals. On January 11, 1984, Justice White, writing for the Court, reversed and remanded. (14 ELR 20077). The Court ruled that (1) it had jurisdiction to review on writ of certiorari the issue of whether federal authority over safety in nuclear industry preempts tort remedies under state law, and (2) the federal district court's award of punitive damages under state law was not preempted by the federal law governing safety at nuclear facilities. The Court found that the Tenth Circuit decision was reviewable on writ of certiorari as an issue affecting a state's traditional authority to provide tort remedies for its citizens and the federal government's desire to maintain exclusive regulatory authority over safety aspects of nuclear power. If further found that a state tort remedy was not preempted in this case, as there was no irreconcilable conflict between the federal and state standards, and imposition of a state standard in the damages action did not frustrate the objectives of the federal law. [Justice Blackmun filed a dissenting opinion, in which Justice Marshall joined; Justice Powell filed a dissenting opinion, in which Justices Burger and Blackmun joined].

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