Air Force Ducks State Claims In Idaho Hazardous Waste Suit

By Juan Carlos Rodriguez (January 28, 2020, 8:28 PM EST) -- A federal magistrate judge has recommended tossing state claims against the U.S. Air Force in an Idaho lawsuit accusing the military and two contractors of improperly disposing of carcinogenic waste in a municipal landfill, but to allow federal claims to proceed.

U.S. Magistrate Judge Willie J. Epps Jr. said Monday that the Air Force shouldn't face landfill operator Idaho Waste Systems Inc.'s state law tort claims of nuisance, trespass, negligence, and equitable indemnity and contribution because it's entitled to sovereign immunity under the Federal Tort Claims Act. The military branch properly delegated responsibility for the transport of the waste to a...

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