Phillips
Phillips v. E.I. Dupont de Nemours & Co.
Opinion
Lead Opinion
Schroeder, J.
ORDER AMENDING OPINION AND AMENDED OPINION
ORDER
The opinion in this matter filed on August 14, 2007, and published at In re Hanford Nuclear Reservation Litigation, 497 F.3d 1005 (9th Cir.2007), is amended as follows.
On slip op. 9798, 497 F.3d at 1014 , delete the last two sentences of the first full paragraph and replace with the following:
On slip op. 9807, 497 F.3d at 1019 , delete the last sentence of the first partial paragraph and substitute the following:
Delete the last sentence of the first partial paragraph on slip op. 9808, 497 F.3d at 1020 , and substitute the following:
Delete the first full paragraph on slip op. 9808, 497 F.3d at 1020 , and substitute the following:
Defendants argue that even if the doctrine was not judicially well-established, Congress passed the 1988 amendments to the Act with the defense in mind and intended that it apply. The defendants point to a provision in the PAA relating to underground detonation. The provision is 42 U.S.C. § 2210 (d)(7), which states as follows:
Defendants contend the provision demonstrates that Congress intended to eliminate the modern government contractor defense for underground detonation and further contend…