The court holds that the Price-Anderson Act conferred federal jurisdiction on a district court in a removal action where individuals alleged tortious injury arising from uranium mining. In two separate class action suits, over 1,000 individuals alleged personal injury and property damage arising fro...
The court holds that Nebraska, a host state for a regional disposal facility, does not have a unilateral right under the Central Interstate Low-Level Radioactive Waste Compact to veto low-level radioactive waste export permits issued by the Central Interstate Low-Level Radioactive Waste Commission. ...
Through the post-World War II era the U.S. Congress, by an incremental process of experimentation and error, developed the knowledge and experience that led to the imposition of individual permits based on uniform technology-based effluent limitations to regulate industrial water pollution. The resulting permit system has gradually reduced the amount of industrial pollution that enters our national waterways.
Agricultural biotechnology has generated much debate about the environmental consequences of field trials and commercialization of transgenic crops. Thus far, the debate has focused on opponents' claims of alleged risks presented by transgenic crops and the proponents' responses to those asserted risks. To date, three issues have dominated the debate:
. the risk of gene flow;
. the risk of weediness; and
. the risk of insect-resistance.
In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.
The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...
The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...
The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state...
The Ninth Circuit held that the subcellular alteration of a plaintiff's deoxyribonucleic acid (DNA), without pain or interference with bodily functions, is not a bodily injury within the meaning of the Price-Anderson Act. The Price-Anderson Act prohibits recovery for plaintiffs who have not suffered...
In denying a petition for review, the Tenth Circuit held that the NRC did not violate the Atomic Energy Act (AEA) or NEPA when it issued a license to a company to conduct in situ leach mining for uranium on four sites in northwest New Mexico. In issuing the license, NRC interpreted its regulations t...