Hencely v. Fluor Corp. · ¶98

In support of the proposition that a state-law tort claim may by based on war-related conduct, the Court cites three cases, but they are all far afeld. The first, Penn Dairies, Inc. v. Milk Control Comm'n of Pa., 318 U. S. 261 (1943), concerned the application of a Pennsylvania milk-control law to a base in the State. To state the obvious, state regulation of milk prices for a stateside military base presents a far lower risk of intrusion into federal war powers than state regulation of defense contractors' activities in a foreign warzone.

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