This claim is a class action for and on behalf of the People of Bikini for damage to property resulting from the U.S. Nuclear Testing Program brought pursuant to §123 of the Nuclear Claims Tribunal Act of 1987, as amended.
Bikini Atoll is located in the northwestern Marshall Islands and was used by the Government of the United States as a testing site for nuclear weapons from 1946 to 1958. The People of Bikini were removed from Bikini Atoll on March 7, 1946. Subsequently 23 atomic and hydrogen bombs were detonated there over the course of the next 12 years changing the atoll's topography and leaving it in a highly contaminated condition from residual radioactivity.
Damages arising from the results of those tests have been awarded to the People of Bikini in three general categories: loss of use; costs to restore; and consequential damages for hardship suffered by the Bikinians resulting from their removal.
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BRAVO CRATER - This huge hole in the reef at Bikini Atoll is where the Bravo device was detonated. The 15 megaton thermonuclear device vaporized two islands and half of a third, leaving a crater which is 6000 feet in diameter and 240 feet deep. February 1994 photo by Hiromitsu Toyosaki |
The Bikinians have not had use of their atoll since March 7, 1946, and this loss of use will continue on into the future until the necessary remediation takes place to restore full use and habitability. Despite this long period of time, it was never the intention of the United States or any governmental authority to permanently preclude the Bikinians from returning to their home atoll. Rather, the use of Bikini as a nuclear testing site has always been considered "temporary" by all parties. Accordingly, the Tribunal finds that these facts support a "temporary taking" under applicable case law. Expert appraisal witnesses provided reports and gave testimony on the fair market rental value of the land for the period of denied use. After setting off prior compensation paid to the People of Bikini, the Tribunal has determined that the value for loss of use both past and into the future is $278,000,000.
Radiological conditions at Bikini today remain in excess of radiation protection standards established by the U.S. Environmental Protection Authority applied to severely contaminated sites in the United States. Thus, radiological clean up remains necessary so that Bikini can support human habitation again with access to and use of the atoll's resources. The Tribunal received detailed written reports and heard expert testimony with respect to various remediation strategies to accomplish the required clean up. Over 20 different strategies were considered ranging in cost from $217.7 million to $1.419.6 billion. From this list, four strategies were identified which would best accomplish the required clean up in a cost effective manner. These four remediation strategies were evaluated utilizing U.S. EPA clean-up criteria and further assessed and balanced in view of Tribunal concerns, which resulted in the final selection of a remediation strategy consisting of potassium treatment and soil removal with the waste utilized for construction of a causeway. After deducting prior compensation received by the People of Bikini, the Tribunal has determined that the net award for restoration costs is $251,500,000.
The People of Bikini have also suffered many hardships through their years in exile from Bikini Atoll. These hardships, consisting of severe food shortages and hunger, disease, loss of culture and other types of pain and discomfort, were more severe at certain times than at other times. The period of relocation to Rongerik Atoll from 1946 to 1947 was the most severe with the Bikini community suffering from starvation. The period of habitation in Kili up to 1982 also presented severe hardships to the People of Bikini with frequent food shortages and no available lagoon resources. Consequently, the Tribunal has devised a scheme of compensation based on the level of hardship during those two periods on the Bikini community. The total compensation per individual for the periods specified is consistent with the parameters and compensation paid by the Tribunal under its personal injury compensation program and with the award made to the People of Enewetak (1), hereinafter, Enewetak. The Tribunal has awarded the People of Bikini $33,814,500 for consequential damages resulting from the Nuclear Testing Program.
The Tribunal has determined that the total net amount of compensation due to claimants in this case for the categories of damages described above is $563,315,500.
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1954 BRAVO SHOT - Released the equivalent of over 15 million tons of TNT |
1. MEMORANDUM OF DECISION AND ORDER In the Matter of the People of Enewetak, et al. NCT No. 23-0902, April 13, 2000.