Federal Laws Addressing Liability

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Atomic Weapons Testing Liability Act

In 1985, Congress passed the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act (known as the Atomic Weapons Testing Liability Act), 42 U.S.C. § 2212, to address liability issues affecting the testing of nuclear weapons critical for the security of the United States. The Act created a cause of action against the United States for radiation injuries arising from federal atomic weapons testing programs, retroactively abolished private tort actions against government contractors for such injuries, and made the Federal Tort Claims Act the sole remedy for those injuries.