Valerie Acerra


Environmental Law, Nuclear Radiation, Health Risks, Administrative Law


This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of the NRC or whether it is in the NRC's discretion to issue a health warning. Finally, it discusses whether a district court or a court of appeals is the appropriate forum in which to bring an action, on the assumption that the NRC is the proper defendant.



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