The Federal Claims Court held that §1603(a) of the American Recovery and Reinvestment Tax Act of 2009, which requires partial reimbursement for certain "energy property," does not give rise to a claim for consequential damages resulting from the denial of such reimbursement. After the U.S. Treasury...

A New York appellate court held that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and...

The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities. The Standard Contract provided that DOE was to begin accepting SNF no later than...