silkwood
argued
october
decided
january
appellant
decedent
laboratory
analyst
federally
licensed
nuclear
plant
oklahoma
operated
appellee
nuclear
hereafter
appellee
contaminated
plutonium
subsequently
decedent
killed
unrelated
automobile
accident
appellant
administrator
decedent
estate
brought
diversity
action
federal
district
based
tort
principles
oklahoma
law
recover
contamination
injuries
decedent
person
property
jury
returned
verdict
appellant
favor
awarding
addition
actual
damages
punitive
damages
authorized
oklahoma
law
appeals
inter
alia
reversed
punitive
damages
award
ground
damages
federal
law
held
appeal
within
appellate
jurisdiction
appeals
held
effect
federal
law
punitive
damages
awarded
purport
rule
constitutionality
oklahoma
punitive
damages
statute
left
untouched
decision
however
reviewable
writ
certiorari
pp
award
punitive
damages
federal
law
pp
federal
state
regulation
safety
aspects
nuclear
energy
see
pacific
gas
electric
state
energy
resources
conservation
development
extend
award
punitive
damages
conduct
related
radiation
hazards
ample
evidence
congress
intention
enacted
later
amended
atomic
energy
act
forbidding
provide
remedies
suffering
injuries
radiation
nuclear
plant
appellee
able
point
anything
legislative
history
act
established
indemnification
scheme
operators
nuclear
facilities
implementing
regulations
indicates
punitive
damages
allowed
rather
clear
enacting
amending
act
congress
assumed
remedies
available
injured
nuclear
incidents
even
though
congress
aware
nuclear
regulatory
commission
exclusive
authority
regulate
safety
matters
insofar
damages
radiation
injuries
concerned
judged
basis
federal
government
completely
occupied
field
safety
state
remedies
foreclosed
whether
irreconcilable
conflict
federal
state
standards
whether
imposition
state
standard
damages
action
frustrate
objectives
federal
law
pp
award
punitive
damages
case
conflict
federal
remedial
scheme
nrc
authorized
impose
civil
penalties
licensees
violation
federal
standards
paying
federal
fines
punitive
damages
incident
physically
impossible
exposure
punitive
damages
frustrate
purpose
federal
remedial
scheme
award
punitive
damages
hinder
purpose
encourage
widespread
participation
development
utilization
atomic
energy
peaceful
purposes
since
congress
disclaimed
interest
accomplishing
purpose
means
fail
provide
adequate
remedies
injured
exposure
hazardous
nuclear
materials
finally
punitive
damages
award
conflict
congress
intent
preclude
dual
regulation
radiation
hazards
since
indicated
congress
believe
inconsistent
vest
nrc
exclusive
regulatory
authority
safety
aspects
nuclear
development
time
allowing
plaintiffs
like
appellant
recover
injuries
caused
nuclear
hazards
pp
white
delivered
opinion
brennan
rehnquist
stevens
joined
blackmun
filed
dissenting
opinion
marshall
joined
post
powell
filed
dissenting
opinion
burger
marshall
blackmun
joined
post
michael
gottesman
argued
cause
appellant
briefs
arthur
angel
robert
weinberg
jeremiah
collins
james
ikard
gerald
spence
daniel
sheehan
lee
cook
argued
cause
appellees
brief
william
paul
stringer
elliott
fenton
larry
ottaway
william
mcgrath
pamela
kempin
richard
wilfong
john
garvey
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
lee
deputy
solicitor
general
bator
briefs
amici
curiae
urging
reversal
filed
national
women
health
network
anthony
roisman
state
arizona
et
al
robert
abrams
attorney
general
new
york
peter
schiff
ezra
bialik
assistant
attorney
general
robert
corbin
attorney
general
arizona
anthony
ching
solicitor
general
joseph
lieberman
attorney
general
connecticut
peter
jenkelunas
assistant
attorney
general
tany
hong
attorney
general
hawaii
michael
lilly
first
deputy
attorney
general
william
guste
attorney
general
louisiana
kendall
vick
assistant
attorney
general
francis
bellotti
attorney
general
massachusetts
stephen
leonard
assistant
attorney
general
brian
mckay
attorney
general
nevada
irwin
kimmelman
attorney
general
new
jersey
james
ciancia
assistant
attorney
general
anthony
celebrezze
attorney
general
ohio
dennis
muchnicki
assistant
attorney
general
leroy
zimmerman
attorney
general
pennsylvania
travis
medlock
attorney
general
south
carolina
richard
wilson
assistant
attorney
general
jim
mattox
attorney
general
texas
david
richards
executive
assistant
attorney
general
jim
mathews
assistant
attorney
general
john
easton
attorney
general
vermont
gilbert
livingston
assistant
attorney
general
bronson
la
follette
attorney
general
wisconsin
mcclintock
attorney
general
wyoming
state
minnesota
hubert
humphrey
iii
attorney
general
jocelyn
furtwangler
olson
special
assistant
attorney
general
brief
amicus
curiae
urging
affirmance
filed
harry
voigt
michael
mcbride
linda
hodge
atomic
industrial
forum
brief
amicus
curiae
filed
joseph
rodriguez
michael
perlin
new
jersey
department
public
advocate
justice
white
delivered
opinion
last
term
examined
relationship
federal
state
authority
nuclear
energy
field
concluded
precluded
regulating
safety
aspects
nuclear
energy
pacific
gas
electric
state
energy
resources
conservation
development
case
requires
us
determine
whether
award
punitive
damages
arising
escape
plutonium
federally
licensed
nuclear
facility
either
falls
within
forbidden
field
conflicts
aspect
atomic
energy
act
karen
silkwood
laboratory
analyst
cimarron
plant
near
crescent
okla
plant
fabricated
plutonium
fuel
pins
use
reactor
fuel
nuclear
powerplants
accordingly
plant
subject
licensing
regulation
nuclear
regulatory
commission
nrc
atomic
energy
commission
pursuant
atomic
energy
act
et
seq
ed
supp
period
november
silkwood
contaminated
plutonium
cimarron
plant
november
silkwood
grinding
polishing
plutonium
samples
utilizing
glove
boxes
designed
purpose
accordance
established
procedures
checked
hands
contamination
withdrew
glove
box
contamination
detected
extensive
check
performed
monitoring
device
revealed
contamination
silkwood
left
hand
right
wrist
upper
arm
neck
hair
nostrils
immediately
decontaminated
end
shift
monitors
detected
contamination
however
given
urine
fecal
kits
instructed
collect
samples
order
check
plutonium
discharge
next
day
silkwood
arrived
plant
began
paperwork
laboratory
upon
leaving
laboratory
silkwood
monitored
discovered
surface
contamination
decontaminated
third
day
november
silkwood
monitored
upon
arrival
plant
high
levels
contamination
detected
four
urine
samples
one
fecal
sample
submitted
morning
also
highly
contaminated
suspecting
contamination
spread
areas
outside
plant
company
directed
decontamination
squad
accompany
silkwood
apartment
silkwood
roommate
also
employee
plant
awakened
monitored
also
contaminated
although
lesser
degree
silkwood
squad
monitored
apartment
finding
contamination
several
rooms
especially
high
levels
bathroom
kitchen
silkwood
bedroom
contamination
level
silkwood
apartment
many
personal
belongings
destroyed
silkwood
sent
los
alamos
scientific
laboratory
determine
extent
contamination
vital
body
organs
returned
work
november
night
killed
unrelated
automobile
accident
bill
silkwood
karen
father
brought
present
diversity
action
capacity
administrator
estate
action
based
tort
principles
oklahoma
law
designed
recover
contamination
injuries
karen
person
property
stipulated
plutonium
caused
contamination
came
plant
jury
expressly
rejected
allegation
silkwood
intentionally
removed
plutonium
plant
effort
embarrass
company
however
specific
findings
fact
respect
cause
contamination
course
trial
evidence
presented
tended
show
always
comply
nrc
regulations
one
witness
conceded
amount
plutonium
unaccounted
period
question
exceeded
permissible
limits
supp
wd
nrc
official
testified
feel
conforming
conduct
low
reasonably
achievable
standard
ibid
also
evidence
level
plutonium
silkwood
apartment
may
exceeded
permitted
unrestricted
area
residence
ibid
however
also
evidence
complied
federal
regulations
nrc
official
testified
serious
personnel
exposures
plant
exceed
regulatory
requirements
respect
exposure
levels
result
significant
health
hazards
addition
introduced
commission
report
investigation
silkwood
incident
commission
determined
violation
regulations
throughout
incident
failure
maintain
record
dates
two
urine
samples
submitted
silkwood
trial
determined
shown
contamination
occurred
course
silkwood
employment
accordingly
precluded
jury
deciding
whether
personal
injury
claim
covered
oklahoma
workers
compensation
act
provides
sole
remedy
accidental
personal
injuries
arising
course
employment
okla
tit
instead
submitted
claims
jury
alternative
theories
strict
liability
negligence
also
instructed
jury
respect
punitive
damages
explaining
standard
conduct
evaluated
determining
whether
damages
awarded
jury
may
give
damages
sake
example
way
punishment
jury
finds
defendant
defendants
guilty
oppression
fraud
malice
actual
presumed
exemplary
damages
limited
cases
direct
evidence
fraud
malice
gross
negligence
may
allowed
evidence
recklessness
wanton
disregard
another
rights
malice
evil
intent
inferred
defendant
grossly
wantonly
reckless
exposing
others
dangers
law
holds
intended
natural
consequences
acts
treats
guilty
willful
wrong
appendix
moved
judgment
new
trial
denying
motion
rejected
contention
compliance
federal
regulations
precluded
award
punitive
damages
noted
duty
part
title
code
federal
regulations
maintain
release
radiation
low
reasonably
achievable
compliance
standard
demonstrated
merely
control
escaped
plutonium
within
absolute
amount
therefore
concluded
inconsistent
congressional
design
impose
punitive
damages
escape
plutonium
caused
grossly
negligent
reckless
willful
conduct
ibid
renewed
contentions
greater
success
appeals
tenth
circuit
decision
split
panel
affirmed
part
reversed
part
first
held
recovery
silkwood
personal
injuries
controlled
exclusively
oklahoma
workers
compensation
law
thus
reversed
judgment
injuries
affirmed
property
damage
portion
award
holding
workers
compensation
law
applied
personal
injuries
oklahoma
law
permitted
award
theory
strict
liability
circumstances
case
finally
held
federal
statutes
regulating
plant
punitive
damages
may
awarded
case
reaching
conclusion
respect
punitive
damages
award
appeals
adopted
broad
analysis
concluded
state
action
competes
substantially
aec
nrc
regulation
radiation
hazards
associated
plants
handling
nuclear
material
impermissible
ibid
judicial
award
exemplary
damages
state
law
punishment
bad
practices
deter
future
practices
involving
exposure
radiation
less
intrusive
direct
legislative
acts
state
determined
awards
federal
law
ibid
silkwood
appealed
seeking
review
appeals
ruling
respect
punitive
damages
award
noted
probable
jurisdiction
postponed
consideration
jurisdictional
issue
argument
merits
ii
first
address
jurisdictional
issue
empowered
review
decision
federal
appeals
appeal
state
statute
held
appeals
invalid
repugnant
constitution
silkwood
argues
appeals
invalidated
punitive
damages
award
grounds
basis
award
state
statute
okla
tit
appeals
necessarily
held
state
statute
unconstitutional
least
applied
case
accordingly
silkwood
contends
case
falls
within
confines
disagree
keeping
policy
statutes
authorizing
appeals
strictly
construed
perry
education
assn
perry
local
educators
fornaris
ridge
tool
consistently
distinguished
cases
state
statute
expressly
struck
constitutional
grounds
exercise
authority
state
law
invalidated
without
reference
state
statute
former
come
within
scope
jurisdictional
grant
malone
white
motor
dutton
evans
latter
perry
education
supra
hanson
denckla
wilson
cook
see
also
county
arlington
cert
denied
minnesota
hoffman
cert
denied
sub
nom
minnesota
alexander
present
case
falls
second
category
appeals
held
effect
federal
law
punitive
damages
may
awarded
case
purport
rule
constitutionality
oklahoma
punitive
damages
statute
mention
statute
parties
contest
defend
constitutionality
statute
appellate
briefs
award
struck
statute
authorizing
awards
left
untouched
cf
perry
education
therefore
present
appeal
within
appellate
jurisdiction
nevertheless
decision
reviewable
writ
certiorari
ibid
issue
addressed
important
affects
traditional
authority
provide
tort
remedies
citizens
federal
government
express
desire
maintain
exclusive
regulatory
authority
safety
aspects
nuclear
power
accordingly
treating
jurisdictional
statement
petition
certiorari
authorized
grant
petition
reach
merits
appeals
ruling
iii
recently
observed
pacific
gas
electric
state
energy
resources
conservation
development
state
law
either
two
general
ways
congress
evidences
intent
occupy
given
field
state
law
falling
within
field
fidelity
federal
savings
loan
assn
de
la
cuesta
rice
santa
fe
elevator
congress
entirely
displaced
state
regulation
matter
question
state
law
still
extent
actually
conflicts
federal
law
impossible
comply
state
federal
law
florida
lime
avocado
growers
paul
state
law
stands
obstacle
accomplishment
full
purposes
objectives
congress
hines
davidowitz
pacific
gas
electric
supra
contends
award
case
invalid
either
analysis
consider
contentions
turn
pacific
gas
electric
examination
statutory
scheme
legislative
history
atomic
energy
act
convinced
us
congress
intended
federal
government
regulate
radiological
safety
aspects
involved
construction
operation
nuclear
plant
thus
concluded
federal
government
occupied
entire
field
nuclear
safety
concerns
except
limited
powers
expressly
ceded
argues
ruling
pacific
gas
electric
dispositive
issue
case
noting
regulation
effectively
exerted
award
damages
form
preventive
relief
san
diego
building
trades
council
garmon
submits
award
punitive
damages
case
punishes
deters
conduct
related
radiation
hazards
falls
within
prohibited
field
however
review
legislative
history
prompted
holding
pacific
gas
electric
coupled
examination
congress
actions
respect
portions
atomic
energy
act
convinces
us
field
extend
far
recounted
pacific
gas
electric
ntil
use
control
ownership
nuclear
technology
remained
federal
monopoly
year
congress
enacted
legislation
provided
private
involvement
development
atomic
energy
atomic
energy
act
act
ch
stat
amended
et
seq
ed
supp
however
federal
government
retained
extensive
control
manner
development
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particular
atomic
energy
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given
exclusive
jurisdiction
license
transfer
delivery
receipt
acquisition
possession
use
nuclear
materials
pacific
gas
electric
supra
see
aa
ed
supp
congress
amended
atomic
energy
act
order
clarify
respective
responsibilities
commission
respect
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source
special
nuclear
materials
see
commission
authorized
turn
regulatory
authority
state
adopt
suitable
regulatory
program
however
commission
retain
exclusive
regulatory
authority
disposal
byproduct
source
special
nuclear
material
commission
determines
hazards
potential
hazards
thereof
disposed
without
license
commission
therefore
still
precluded
regulating
safety
aspects
hazardous
materials
congress
decision
prohibit
regulating
safety
aspects
nuclear
development
premised
belief
commission
qualified
determine
type
safety
standards
enacted
complex
area
congress
informed
aec
legislation
provided
continued
federal
control
hazardous
materials
technical
safety
considerations
complexity
likely
state
prepared
deal
foreseeable
future
nothing
concern
inability
formulate
effective
standards
foreclosure
conditioning
operation
nuclear
plants
compliance
safety
standards
arguably
disallow
resort
remedies
suffering
injuries
radiation
nuclear
plant
however
ample
evidence
congress
intention
forbidding
provide
remedies
indeed
indication
congress
even
seriously
considered
precluding
use
remedies
either
enacted
atomic
energy
act
amended
silence
takes
added
significance
light
congress
failure
provide
federal
remedy
persons
injured
conduct
difficult
believe
congress
without
comment
remove
means
judicial
recourse
injured
illegal
conduct
see
construction
workers
laburnum
importantly
congressional
discussion
concerning
relationship
atomic
energy
act
state
tort
remedies
indicates
congress
assumed
remedies
available
law
enacted
private
companies
contemplating
entry
nuclear
industry
expressed
concern
potentially
bankrupting
suits
arising
nuclear
incident
result
congress
passed
act
amendment
atomic
energy
act
pub
stat
act
established
indemnification
scheme
operators
licensed
nuclear
facilities
required
obtain
million
private
financial
protection
suits
government
provide
indemnification
next
million
liability
resulting
million
limit
liability
one
nuclear
incident
although
act
apply
present
situation
discussion
preceding
enactment
subsequent
amendment
indicates
congress
assumed
persons
injured
nuclear
accidents
free
utilize
existing
state
tort
law
remedies
joint
committee
report
original
version
act
explained
relationship
act
existing
state
tort
law
follows
since
rights
third
parties
injured
established
state
law
interference
state
law
likelihood
damages
exceed
amount
financial
responsibility
required
together
amount
indemnity
point
federal
interference
limited
prohibition
making
payments
state
courts
prorating
proceeds
available
congress
clearly
began
working
legislation
assumption
absence
subsequent
legislative
action
state
tort
law
apply
true
even
though
congress
fully
aware
commission
exclusive
regulatory
authority
safety
matters
joint
committee
explained
act
also
contained
provisions
improve
aec
procedures
regulating
reactor
licensees
manifested
continuing
concern
joint
committee
congress
necessity
assuring
effectiveness
national
regulatory
program
protecting
health
safety
employees
public
atomic
energy
hazards
inclusion
provisions
also
reflected
intimate
relationship
existed
congress
concern
prevention
reactor
accidents
indemnity
provisions
legislation
belief
nrc
exclusive
authority
set
safety
standards
foreclose
use
state
tort
remedies
reaffirmed
act
amended
amendment
designed
respond
concerns
adequacy
remedies
see
supra
provided
event
extraordinary
nuclear
occurrence
licensees
required
waive
issue
fault
charitable
governmental
immunity
defense
statute
limitations
defense
less
years
however
importance
legislation
present
purposes
much
substance
assumptions
based
describing
effect
amendment
joint
committee
stated
requiring
potential
defendants
agree
waive
defenses
defendants
rights
restricted
concomitantly
extent
rights
plaintiffs
enlarged
rights
persons
injured
established
state
law
rights
defendants
liability
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commission
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thorough
overseeing
safety
plant
fact
except
contamination
silkwood
caused
lose
seven
days
work
evidence
anyone
else
ever
injured
contamination
plant
evidence
one
incident
involving
minor
contamination
outside
plant
occurred
april
instance
three
maintenance
personnel
plant
violated
company
regulations
leaving
breakfast
without
checking
signs
contamination
upon
return
discovered
received
low
level
contamination
prior
leaving
breakfast
none
employees
shown
suffered
injury
amount
contamination
involved
incident
minimal
aec
official
testified
need
report
aec
see
silkwood
argues
regulation
conduct
punitive
damages
area
local
rather
federal
concern
assuming
arguendo
assertion
correct
degree
local
concern
irrelevant
federal
doctrine
applies
regardless
importance
issue
local
authorities
fidelity
federal
savings
loan
assn
de
la
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stated
free
bland
relative
importance
state
law
material
conflict
valid
federal
law
framers
constitution
provided
federal
law
must
prevail
result
advances
nuclear
technology
percentage
total
electricity
produced
nuclear
means
rose
zero
see
statistical
abstract
historical
statistics
period
day
recall
fatalities
occurred
result
contamination
nuclear
facilities
much
credit
progress
safety
record
nuclear
industry
also
must
go
congress
enacting
appropriate
safety
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authority
action
oversight
aec
successor
nrc
congress
gave
aec
several
means
enforcing
regulations
act
provides
injunctive
remedies
civil
penalties
revocation
licenses
violation
terms
conditions
license
ed
supp
act
also
provides
criminal
sanctions
willful
violations
act
aec
nrc
regulations
ed
supp
recent
years
dramatic
increase
public
concern
nuclear
activities
concern
may
well
influence
juries
doubt
caused
public
new
awareness
potential
vast
destruction
use
nuclear
weapons
awareness
evidenced
commonplace
demonstrations
antinuclear
groups
movements
exist
course
free
world
often
little
distinction
made
nuclear
powerplants
designed
help
insure
future
civilization
proliferation
nuclear
weapons
destroy
fail
see
distinction
seem
unaware
overall
safety
record
nuclear
power
industry
countries
see
cohen
scientists
join
radiation
phobia
wall
street
journal
even
segments
american
public
badly
misinformed
risks
associated
nuclear
power
industry
atomic
energy
act
currently
provides
nrc
levy
civil
penalties
violations
licensing
provisions
rules
regulations
orders
supp
penalties
may
exceed
violation
violation
continuing
one
day
violation
considered
separate
violation
ibid
time
silkwood
contamination
maximum
limit
civil
penalties
amended
pub
stat
establishing
maximum
fines
congress
implicitly
stated
views
size
monetary
penalties
deemed
sufficient
achieve
punishment
deterrence
see
pp
pp
instructions
invited
jury
condemn
entire
operation
plant
instructions
purporting
state
law
jury
bound
follow
words
long
requiring
pages
printed
appendix
repetitive
arguably
conflicting
confused
panel
experienced
lawyers
unlikely
lay
juror
idea
law
called
upon
apply
cites
house
report
congress
expressed
misgivings
ability
deal
complex
technical
nature
safety
considerations
nuclear
industry
see
nevertheless
willing
allow
jury
untrained
even
rudimentary
aspects
nuclear
technology
impose
heavy
penalties
basis
perceptions
prejudices