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Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

The D.C. Circuit upheld an NRC order transferring regulatory authority over decommissioning activities at a former aluminum production plant to the state of New Jersey under the Atomic Energy Act. New Jersey’s regulatory regime is adequate and compatible with the NRC’s regulatory program. And de...

Sovereign Operating Co. v. City & County of Broomfield

A Colorado court held that a voter-approved local ban on hydraulic fracturing cannot apply retroactively to ban oil and gas operations that a city approved in a prior agreement. The city entered into a memorandum of understanding in August 2013 allowing a company to engage oil and gas exploration an...

Nebraska v. United States Environmental Protection Agency

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that certain technology was "adequately demonstrated" for purposes of...

Boeing Co. v. Movassaghi

The Ninth Circuit invalidated a California law that prescribes cleanup standards for radioactive contamination at the Santa Susana Field Laboratory, a former federal nuclear testing facility near Los Angeles. The law, Senate Bill 990, requires that the site be made suitable for subsistence farming, ...

New York State Electric & Gas Co. v. FirstEnergy Corp.

The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred cleaning up coal tar contamination at manufactured gas plant sites in upstate New York. The lower court held the...