Lockett v. United States

938 F.2d 630 (6th Cir. 1991)

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Nature of the Case

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Facts

Lockett (P) are a group of twenty people who lived near a scrap yard used by Carter Industries. Carter had stockpiled a number of old transformers, and the fluid from them had PCB's in it. Government regulations required disposal of PCBs and PCB contaminated products in concentrations of 50 ppm. The EPA learned of PCBs at the Carter site when it was reported at 560 ppm in 1981. By 1984, the levels had reached 31,167 and 2,340 ppm. In 1986, the levels had reached 90,000 ppm. The EPA finally acted and issued advisory notices. P sued D for the EPA's negligence in failing to warn when it first learned of the problem in 1981. The trial court granted summary judgment based on the discretionary function provision. P appealed.