Re: Hanford Site Cleanup Standards

[Ted de Castro <tdc@XRAYTED.COM>]

You know - Bill's been taking a few hits here with his traffic analogy -

even a few from me - but when he cited "strict liability" - that really

sort of ended the discussion and rendered further rational discourse

meaningless.



>From that layman's point of view - Strict Liability can be looked at

sort of like this:



This is a tenant of law as a social contract dating back to common law

as a means to balance liberty and responsibility.



Basically it is saying you have the freedom to do whatever you like -

BUT that what it is you want to do is proclaimed to be hazardous and not

common to the community (which as I recall also defines it as "ultra

hazardous activity") with the strong suggestion that you really have no

business or good reason to do it - but if you insist on doing it - you

may - but you must assume all responsibility or anything that goes wrong

no matter what precautions you have taken. - which is what "strict

liability" is.



This is kind of like the "attractive nuisance" classification for a

swimming pool - taken one step further - although I'd expect in the

chronology of things is actually one step relaxed.



If you read the congressional record for the recent compensation

legislation for cold war "radiation victims" you will also see this

"Ultra hazardous" classification of the war time and cold war activities

for weapons research and production used to invoke the concept of

"strict liability" here as well.



I don't claim this to be the legally precise definition of these very

specific terms - but one layman's perception of them (which makes it so

- doesn't it Bill?).  I am sure there are those here able to be more

precise.



"Mercado, Don" wrote:

> 

> >       Bill also wrote:

> >

> >       "Lesson learned:  When undertaking a potentially hazardous activity, it's

> > not 'good enough' to comply with the current regulations."

> >

> >        [Mercado, Don]  So Bill, with regards to driving your car (a potentially hazardous activity) how much money are you spending in support of this philosophy? Do you always drive 10 mph below the speed limit? Have you installed proximity alarms in the front and rear bumpers to prevent bumper-thumpers? Installed a breathalyzer between the ignition key and starter motor? Forbid cellphones in the car? Not parking where someday there might be a fire hydrant? What actions have you taken to comply with still un-written vehicular laws?

> >

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