DOE May Not Charge Nuclear Power Plant Operators Annual Waste Disposal Fee
The D.C. Circuit held that so long as DOE has no viable alternative to Yucca Mountain as a depository for nuclear waste, it may not charge nuclear power plant operators an annual fee to cover the cost of that disposal. Until DOE comes to some conclusion as to how nuclear wastes are to be deposited permanently, it would be unfair to force operators to pay fees for a hypothetical option.
A settling SDWA defendant that failed to comply with routine monitoring, reporting, and other drinking water regulations for its public water system in Rozet, Wyoming, must comply with a list of specific regulatory requirements for a period of four years that can be terminated earlier by connection to a new regional water system.
Owner of Vacant Property Liable Under CERCLA for Spills Caused by Trespassers
A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a preponderance of the evidence that she exercised due care relating to the waste material.
The December issue of ELR's News & Analysis features three articles on climate change, specifically, sustainable agriculture systems, Chinese climate change policy, and the fraudulent misrepresentation of climate science. The issue also includes an article on highway projects, their impact on development, and NEPA review, as well as the transcript to a recent ELI seminar on environmental policies, initiatives, and challenges for the U.S. Department of Defense.