The Third Circuit articulated this standard in Paoli II: At the time of the Accident in March 1979, Three Mile Island units 1 and 2 were owned by three utilities operating in two states, i.e., Metropolitan Edison (50 percent), Jersey Central Power & Light (25 percent) and Pennsylvania Electric (25 percent). Such manifestations of psychological distress have been seen in the aftermath of other disasters. Metropolitan Edison Company owned and operated two nuclear-fueled power plants at Three Mile Island near Harrisburg, Pennsylvania. In drawing this analogy, we do not mean to suggest that any cause-effect relation too attenuated to merit damages in a tort suit would also be too attenuated to merit notice in an EIS; nor do we mean to suggest the converse. Although these cases involved similar facts, they presented different legal issues. (11/22/95 Tr. This risk can be perceived differently by different people. As alluded to in the preceding discussion, Plaintiffs have no admissible source term evidence. However, Defendants deny that appreciable or dangerous levels of radiation reached populated areas. PANE contended that restarting TMI-1 would cause both severe psychological health damage to persons living in the vicinity, and serious damage to the stability, cohesiveness, and well-being of the neighboring communities.The NRC decided not to take evidence concerning PANE's contentions. . In re TMI, 67 F.3d at 1119. The Three Mile Island accident was a partial meltdown of reactor number 2 of Three Mile Island Nuclear Generating Station (TMI-2) in Dauphin County, Pennsylvania, near Harrisburg, and subsequent radiation leak that occurred on March 28, 1979. Both power plants were licensed by the NRC after extensive proceedings and investigations, including the preparation of the required environmental impact statements. There is … The Court of Appeals rejected this contention, stating that the " 'major federal action' in the case of TMI-1 is . Moreover, Plaintiffs claim that he can distinguish by observation alone damage to trees caused by pathogens, insects or lightening and damage caused by radiation. at 1089.) The plant was originally built by General Public Utilities Corporation, later renamed GPU Incorporated. The companies were organized under the General Public Utilities holding company umbrella. . See See generally Report of the President's Commission on the Accident at Three Mile Island (1979)."1.) The closure of these valves was a violation of a key The loss of heat removal from the primary loop and the failure of the auxiliary system to activate caused the primary loop pressure to increase, triggering the The design of the pilot-operated relief valve indicator light was fundamentally flawed. These reports are in agreement that, during the accident, populated areas within a 20 mile radius of The available resources may be spread so thin that agencies are unable adequately to pursue protection of the physical environment and natural resources. Viewing all evidence before the court in a light most favorable to Plaintiffs, the court finds the is insufficient to allow'a reasonable juror to conclude that the position more likely than not is true,)); see also Ambrosini, 1995 WL 637650 at *5 (finding that, although expert testimony was not per se inadmissible under Daubert, testimony did not "fit" plaintiff's burden of proof in the absence of other evidence of causation,)); see also Ruiz v. Whirlpool, Inc., 12 F.3d 510, 513 (5th Cir.
. Nonetheless, NEPA would not require the Department to prepare an EIS evaluating that health damage because it would not be proximately related to a change in the physical environment.Some effects that are "caused by" a change in the physical environment in the sense of "but for" causation, will nonetheless not fall within § 102 because the causal chain is too attenuated. "The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality." The accident at [TMI-2] has already impaired the health and sense of well being of these individuals, as evidenced by their feelings of increased anxiety, tension and fear, a sense of helplessness and such physical disorders as skin rashes, aggravated ulcers, and skeletal and muscular problems. Additionally, as a result of the earlier Globally, the end of the increase in nuclear power plant construction came with the more catastrophic Three Mile Island Unit 2 was too badly damaged and contaminated to resume operations; the reactor was gradually deactivated and permanently closed.
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