El Paso Natural Gas Co. v. Neztsosie, 526 U.S. 473, 5 (1999)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 526 U. S. 473 (1999)

Opinion of the Court

sive, or other hazardous properties of source, special nuclear, or byproduct material . . . ." § 2014(q).1

In the wake of the 1979 accident at the Three Mile Island nuclear power plant, suits proliferated in state and federal courts, but because the accident was not an "extraordinary nuclear occurrence," within the meaning of the Act, see § 2014( j), there was no mechanism for consolidating the claims in federal court. See S. Rep. No. 100-218, p. 13 (1987). Congress responded in 1988 by amending the Act to grant United States district courts original and removal jurisdiction over all "public liability actions," 102 Stat. 1076, 42 U. S. C. § 2210(n)(2), defined as suits "asserting public liability," § 2014(hh), which "shall be deemed to be . . . action[s] arising under" § 2210. The Act now provides the mechanics for consolidating such actions, § 2210(n)(2), for managing them once consolidated, § 2210(n)(3), and for distributing limited compensatory funds, § 2210(o).

In 1995, respondents Laura and Arlinda Neztsosie, two members of the Navajo Nation, filed suit in the District Court of the Navajo Nation, Tuba City District, against petitioner El Paso Natural Gas Company and one of its subsidiaries, Rare Metals Corporation. The Neztsosies alleged that on the Navajo Nation Reservation, from 1950 to 1965, El Paso and Rare Metals operated open pit uranium mines, which collected water then used by the Neztsosies for a number of things, including drinking. The Neztsosies claimed that, as a result, they suffered severe injuries from exposure to radioactive and other hazardous materials, for which they sought compensatory and punitive damages under Navajo tort law. App. 18a-27a. In 1996, respondent Zonnie Richards, also a member of the Navajo Nation, brought suit for herself and her husband's estate in the District Court of the

1 "Source material" includes uranium and uranium ore. 42 U. S. C. § 2014(z). "Byproduct material" includes "the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content." § 2014(e).

477

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007