9th Circuit Says CERCLA Does Not Limit FTCA’s Misrepresentation Exception

(August 28, 2024, 8:05 AM EDT) -- SAN FRANCISCO — The United States is entitled to sovereign immunity from claims brought by employees of the San Francisco Police Department (SFPD) who allegedly were harmed by radioactive contamination at a former U.S. Navy base that was leased to the SFPD because the claims were based on misrepresentations made by the Navy and are therefore exempt under the Federal Tort Claims Act (FTCA), a Ninth Circuit U.S. Court of Appeals panel found in affirming a trial court’s order and rejecting the employees’ assertion that the Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) limited the exemption at issue....