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In re TMI

The court holds that punitive damages are available under Pennsylvania law and the Price-Anderson Amendments Act of 1988 (PAA)) to plaintiffs in a suit against the operators of the Three Mile Island nuclear reactor for personal injuries allegedly resulting from exposure to radiation released during ...

Kerr-McGee Corp. v. Farley

The court rules that the Price-Anderson Act does not bar, under an exception to the tribal exhaustion doctrine, Native American tribal court jurisdiction over an action against corporations operating a uranium processing mill on the Navajo Reservation in alleged violation of tribal law. Under the tr...

In re TMI

The court holds that the Price-Anderson Amendments Act of 1988's choice-of-law provision mandates the retroactive application of Pennsylvania's two-year statute of limitations to bar the claims of 42 plaintiffs filed in Mississippi State and federal court for injuries allegedly caused by the Three M...

Northwest Envtl. Defense Ctr. v. Bonneville Power Admin.

The court holds that the Bonneville Power Administration (BPA), which entered into two agreements with Canada regarding rights to excess water stored in reservoirs on the Columbia River system in Canada, did not violate the Northwest Power Act (NPA) or the National Environmental Policy Act (NEPA). T...

Yankee Atomic Elec. Co. v. United States

The court upholds the U.S. government's imposition, under the Energy Policy Act of 1992, of a special assessment on domestic utilities to help fund the cleanup of governmental facilities that provided uranium enrichment services to the assessed utilities. The court first holds that the provisions of...

Kerr-McGee Corp. v. Farley

The court holds that a uranium mining company must exhaust its jurisdiction-based appeals in the Navajo tribal court system before challenging in federal court the Navajo court's jurisdiction over nuclear torts. The court first holds that the Price-Anderson Act's jurisdictional provisions do not cre...

Friends of the Cowlitz v. Federal Energy Regulatory Comm'n

The court denies environmental groups' petitions to review the Federal Energy Regulatory Commission's (FERC's) decision not to bring an enforcement action against a city for violating the terms of an operating license for a hydroelectric project on the Cowlitz River in Washington. In 1967, the city ...

IES Indus., Inc. v. United States

The court holds that an electric utility company that was a 70% owner of a nuclear power plant in Iowa can deduct 15 years' worth of Energy Policy Act (EPACT) assessments in the tax year that the liability was determined. In 1992, Congress enacted the EPACT, which established a fund for the decontam...

Albany Eng'g Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit reversed and remanded a Federal Energy Regulatory Commission (FERC) order allowing states to regulate the reimbursement of "headwater benefits" from downstream hydropower plants to upstream dam operators. To enable upstream firms to recoup part of the cost of conferring headwater be...

Piedmont Envtl. Council v. Federal Energy Regulatory Comm'n

The Fourth Circuit held that the Federal Power Act (FPA) does not grant the Federal Energy Regulatory Commission (FERC) permitting jurisdiction when a state denies approval of a permit application within one year. Two state utilities commissions and two community interest organizations challenged se...