MYNORTHWEST NEWS

US Supreme Court rules that Hanford-worker federal entitlements are discriminatory

Jun 21, 2022, 10:19 AM | Updated: 10:42 am

Hanford ruling...

The Environmental Restoration Disposal Facility is seen at the Hanford Nuclear Reservation (Getty Images)

(Getty Images)

In a ruling against Washington state, the U.S. Supreme Court has held that a 2018 law — allowing for workers’ compensation for federal contract workers at a decommissioned nuclear facility — is unconstitutional.

The law would’ve made it easier for Hanford site workers to sue the federal government for compensation benefits over illnesses associated with radioactive waste generated at the nuclear facility — one of the first full-scale plutonium production reactors in the world, used in the Manhattan Project to develop the atomic bomb.

End of World War II was dawn of new era of military spending in Northwest

The Court invoked the Supremacy Clause, or intergovernmental immunity, in its decision — constitutional law which guarantees federal precedence over state law. In a slip opinion, the Court held that the workers’ compensation “singled out the Federal Government for unfavorable treatment,” referencing the estimated millions of dollars of cost.

This ruling explained that because the law specified the ability for workers to specifically take action against the federal government, it oversteps the state’s ability to regulate federal authority, which is interpreted as unconstitutional.

SB 5890, the law in question, was updated in 2022 to preempt a ruling against Washington state, and the Washington Attorney General Bob Ferguson argues that Tuesday’s ruling “has little practical impact” on Washington workers.

United States v. Washington et al dates back to a 2018 Trump administration challenge. In the case’s current iteration, the State of Washington argued that, because the law was updated in 2022 to more broadly apply to most workers at any nuclear waste facility, rather than just federal contract workers at Hanford, the law no longer discriminates against the federal government.

“Because the legislature already fixed the issues the federal government raised, there is little practical impact in Washington as a result of this ruling,” Ferguson wrote in a news release

“Hanford workers, and all others working with dangerous radioactive waste, remain protected. The federal government has not challenged this new law. If they do, we will defend these protections all the way back up to the Supreme Court again if we have to.”

In the unanimous ruling, Justice Stephen Breyer responded to Washington’s argument that the updated law renders Tuesday’s ruling moot.

“The United States asserts that, if we rule in its favor, it will either recoup or avoid paying between $17 million and $37 million in workers’ compensation claims that lower courts have awarded under the earlier law,” Breyer wrote, referencing at least $17 million already paid out by the federal government to Hanford workers

“Washington argues that, even if the United States wins, the Government will not recover or avoid any payments because the new statute applies retroactively and is broad enough to encompass any claim filed under the earlier law.”

“But it is not our practice to interpret statutes in the first instance … and we decline to do so here by deciding the retroactivity or breadth of Washington’s new law. Nor do we know how Washington’s state courts will resolve these questions. It is thus not ‘impossible’ that the United States will recover money if we rule in its favor, and this case is not moot.”

MyNorthwest News

Soundview tacoma little league wa...

Gee Scott and Ursula Reutin Show

‘They make me proud as hell’: Tacoma dad chokes up as team faces Little League World Series elimination

Tacoma's Soundview Little League aims for victory against Phenix City in a crucial win-or-go-home game.

20 minutes ago

Starbucks' fall menu...

Julia Dallas

Starbucks’ fall menu is back with new cider-chai drink, food, and classic Pumpkin Spice Latte

Summer isn't over yet, but Starbucks is already rolling out its fall menu, complete with a brand new drink, food item, and cake pop flavor.

1 hour ago

dolly parton...

KRISTIN M. HALL, THE ASSOCIATED PRESS

Dolly Parton, music star, actor, and beloved figure who spanned generations has died at 80

Dolly Parton, the country music icon whose soaring vibrato vocals, poignant songwriting, and sparkling costumes, has died. She was 80 years old.

1 hour ago

seattle diner restaurant best...

Jason Sutich

Japanese-inspired Seattle diner named among best new restaurants of 2026

The Wayland Mill, an American diner in North Lake Union, earned national recognition when Bon Appétit ranked it among the best new restaurants of 2026.

3 hours ago

dead whale commencement bay...

Eric Thomas, KIRO 7 News

Scientists work to identify cause of death for a whale at Commencement Bay

A dead whale was found decaying in Commencement Bay on Monday. Scientists are trying to figure out how it died.

5 hours ago

USS Abraham Lincoln bremerton middle east...

MyNorthwest staff with wire reports

USS Abraham Lincoln could be headed to Bremerton after record-setting Middle East deployment

The USS Abraham Lincoln, a Navy aircraft carrier with strong ties to the Puget Sound, could be headed for Bremerton.

6 hours ago

US Supreme Court rules that Hanford-worker federal entitlements are discriminatory