In toxic waste litigation over a Korean War-era battery plant, a federal judge ruled that Uncle Sam can’t be held liable because the project was a war effort and the Federal Tort Claims Act includes a “discretionary function exception” that insulates the government from suit over any decisions that involve “policymaking.”
In his 35-page opinion in Gould Electronics Inc., Senior U.S. District Judge Thomas N. O’Neill Jr. held that the government is entitled to immunity for its decisions about how the plant should be built and its decision not to warn local residents in Cold Spring, N.Y., of the potential health hazards.
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