A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v. Tokyo Electric Power Co. Holdings Inc. lawsuit. The court’s decision is the latest chapter in the long-running suit brought by US Navy sailors, who claimed that radiation emitted from the damaged Fukushima-Daiichi nuclear power plant in March 2011 injured them. The Ninth Circuit’s decision also provides a reminder of the importance of understanding international nuclear liability regimes and may be useful precedent for future claims brought in US courts involving radiation tort cases based on events taking place outside the United States.
In a rare legal challenge related to fees the NRC charges nuclear licensees for its services, the US Court of Federal Claims recently held that the costs of certain NRC services provided in connection with Confirmatory Orders (COs) are not recoverable via hourly bills to individual licensees. The court held that COs are essentially enforcement orders, and thus cannot be viewed as conveying an “individual benefit” to licensees.
A divided Commission at the US Nuclear Regulatory Commission (NRC) on January 24 approved the Mitigation of Beyond-Design-Basis Events rulemaking (Final Rule). The NRC began the rulemaking in December 2016 as part of its efforts to evaluate and implement, if necessary, regulatory changes in response to the Fukushima Daichi event in March 2011. In somewhat of a surprise, the majority of Commissioners last week rejected large portions of the proposed rule submitted by the NRC staff over two years ago. The rationale for changing the Final Rule demonstrates a renewed emphasis on applying backfit analyses.
On September 26, the US Court of Appeals for the Ninth Circuit issued an interesting order in the ongoing Navy sailor suit, Cooper et al. v. Tokyo Electric Power Company, Inc., seeking the US Department of State’s views on the pending appeal.
The case involves a tort action brought by US Navy personnel who allege that they suffered radiation-related injuries while providing humanitarian relief from Navy ships located off the shores of Fukushima, Japan, in March 2011. Defendant Tokyo Electric Power Company (TEPCO) owns and operates the Fukushima-Daiichi Nuclear Power Plants, which were damaged as a result of the earthquake and resulting tsunami. Plaintiffs brought suit in the US District Court for the Southern District of California, contending that TEPCO was negligent in operating the plant.