FEDERALCourt of Appeals for the Ninth Circuit
2007

Phillips v. E.I. Dupont De Nemours & Co.

534 F.3d 986Court of Appeals for the Ninth Circuit • Decided 2007Enforced

HOLDING

Over 2,000 residents sued nuclear facility operators (including DuPont and GE) for injuries from radioactive emissions at the Hanford Nuclear Reservation. The court ruled that the Price-Anderson Act—the federal law governing nuclear accidents—creates strict liability for nuclear operations and blocks contractors from using the government contractor defense. This means contractors cannot escape liability by claiming they were just following government orders.

KEY FINDINGS

Broad Indemnification

If you work on nuclear projects, you cannot rely on the government contractor defense to shield you from liability, even with federal authorization

Dispute Resolution

Strict liability applies to abnormally dangerous nuclear operations—you may be liable for harm regardless of negligence or fault

FULL COURT OPINION