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Weekly Cases Update Volume 46, Issue 29

Entergy Nuclear Indian Point 2, LLC v. United States

ELR 20166
13-619C (Fed. Cl., October 2016)

The Federal Claims Court held that DOE owes an energy company nearly $34.5 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in New York. The court granted all of the company's claims except for the Part 171 NRC fees,...

Government contracts, Waste disposal

Exxon Mobil Corp. v. Healey

ELR 20162
4:16-CV-49-K (N.D. Tex., October 2016)

A district court ordered an oil company and the Massachusetts Attorney General (AG) to produce more documents in a suit involving a civil investigative demand (CID) over the company's alleged attempts to cover up research about climate change so that the court could determine whether the case...

Climate Change (generally)

LCCS Group v. A.N. Webber Logistics, Inc.

ELR 20163
1-cv-05827 (N.D. Ill., October 2016)

A district court denied a waste hauling company's motion to dismiss a CERCLA suit filed against it for alleged soil and groundwater contamination contributed by its predecessor to a hazardous waste site in Chicago, Illinois. The company argued that the current owner of the site failed to...

Successor corporations

Entergy Nuclear Palisades, LLC v. United States

ELR 20165
12-641C (Fed. Cl., October 2016)

The Federal Claims Court held that DOE owes an energy company $13.8 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in Covert, Michigan. The court found in favor of the the company with respect to its claims for costs...

Government contracts, Waste disposal

LAJIM, LLC v. General Electric Co.

ELR 20164
13 CV 50348 (N.D. Ill., October 2016)

A district court held that RCRA gives it the authority to grant a golf course's request for mandatory injunctive relief against a company to stop further contamination and to remediate past contamination, even though the company has already entered into a consent decree with the state...

Remedies