Radioactive Landfill Liability Case Must Stay in Federal Court

July 8, 2021, 7:58 PM

Missouri property owners’ dispute with landfill operators over radioactive waste from the Manhattan Project must be heard in federal district court, not state court, the Eighth Circuit ruled Thursday.

The property owners, John C. Kitchin Jr. and Mary Menke, failed to show that all of the waste companies they sued engaged in the same conduct at West Lake Landfill near St. Louis, Mo., that led to their properties’ contamination, the U.S. Court of Appeals for the Eighth Circuit said. The ruling reverses a federal judge’s decision to remand the case to state court.

The companies—Bridgeton Landfill LLC, Republic Services Inc ...

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