ELR Citation: ELR 20122
No(s). s. 81-0419, -0437 (M.D. Pa. Aug 17, 1982)

The district court rules that the Commonwealth of Pennsylvania and its municipalities cannot recover damages for expenses incurred in responding to the Three Mile Island (TMI) nuclear accident. Initially, the court dismisses plaintiffs' claim for recovery of lost real estate tax revenues since the evidence established that such revenues had, in fact, increased in the year following the accident. Next, the court dismisses plaintiffs' public nuisance claim because the Atomic Energy Act preempts state law in the area of radiological hazards of nuclear facilities. Under that Act, the Nuclear Regulatory Commission and the Attorney General have exclusive enforcement authority, thereby precluding private enforcement. Turning to plaintiffs' claims for recovery of expenses, the court notes that the legislative history of the Price-Anderson Act evinces a congressional intent to have state law govern the right to recover for personal and property damages resulting from the use of nuclear power. However, Pennsylvania law does not provide for recovery of expenses incurred by the commonwealth or its municipalities in responding to a nuclear power accident. The court also rejects plaintiffs' tort claims since they allege purely economic losses without any attendant personal injury or property damage.

Counsel for Plaintiffs
Leroy S. Zimmerman, Attorney General
1641 Strawberry Sq., Harrisburg PA 17102
(717) 787-3391

Counsel for Defendants
A.H. Wilcox
Pepper, Hamilton & Scheetz
2001 Fidelity Bldg., 123 S. Broad St., Philadelphia PA 19109
(215) 893-3000