Alaska Native Can Proceed With 1 Claim In PCB Pollution Suit, 9th Circuit Says

Mealey's (September 8, 2020, 2:59 PM EDT) -- ANCHORAGE, Alaska — The United States is mostly shielded by the discretionary function exception in the Federal Tort Claims Act (FTCA) from an Alaska Native's attempts to hold it liable for contamination of her property from toxic waste left at an abandoned Air Force radar station, though the government must face her claim that its inaction after discovering the contamination makes it liable for damages, the Ninth Circuit U.S. Court of Appeals decided Sept. 4 (Emily Nanouk v. United States, No. 19-35116, 9th Cir., 2020 U.S. App. LEXIS 28216)....