On July 17, 2020, the Honorable Jane Triche Milazzo issued a Judgment in favor of the City of New Orleans, ARS Aleut Remediation, LLC and ARS International, LLC DISMISSING WITH PREJUDICE all of the Plaintiffs’ claims. In a four page Order and Reasons (which included a signature page), the Court stated that the Plaintiffs alleged that the Defendants breached their duty to warn, protect and inform Plaintiffs of the risk of exposure to hazardous materials; however, the Plaintiffs do not point to any federal regulation violated by Defendants and do not purport to allege the amount of radiation to which they believe they were exposed.
To the contrary, Plaintiffs’ attorneys assert that they specifically pled violations of the Price Anderson Act “PAA” as the federal regulation violated and Plaintiffs’ pleadings. Plaintiffs attached a US EPA document to their First Amended Petition which stated exactly where and how much radioactive material was excavated from the soil. It does not get more specific than that. Plaintiffs fully intend to appeal the Judge’s dismissal of this case.
