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In re TMI

The court holds that the operators of the Three Mile Island nuclear reactor violated their duty of care to the public by releasing, during a 1979 accident at the facility, radiation in levels exceeding federal standards for radioactivity allowed in liquid or airborne effluents released off premises....

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 ...

Shoshone-Paiute Tribe v. United States

A magistrate judge holds that the U.S. Department of the Air Force abused its discretion when it failed to include the impact of a new state-managed air-to-ground training range in an environmental impact statement (EIS) prepared under the National Environmental Policy Act (NEPA) to evaluate the env...

Powder River Basin Resource Council v. Babbitt

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar a citizen group that was denied attorney fees by the Wyoming Department of Environmental Quality from asserting a Surface Mining Control and Reclamation Act (SMCRA) claim against the state agency in federal court. The ...

Northwest Forest Resource Council v. Glickman

The court affirms a district court order directing the U.S. government to release, under §2001(k)(1) of the Fiscal Year 1995 Emergency Supplemental Appropriations for Disaster Relief and Rescissions Act, all timber sale contracts offered or awarded between October 1, 1990, and July 27, 1995, in any...

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...

Kunkes v. United States

The court holds that a federal statutory requirement that holders of unpatented mining claims pay $100 per claim in 1993 and 1994 or else forfeit their claims did not effect an uncompensated taking of claimholders' property in violation of the Fifth Amendment to the U.S. Constitution. The fee replac...

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...

Sierra Club v. U.S. Forest Serv.

The court holds that salvage timber sales that had not yet been advertised were "in preparation" under the Supplemental Appropriations for Disaster Assistance and Rescissions Act's (Rescissions Act's) waiver of National Environmental Policy Act (NEPA) requirements. Environmental groups challenged th...

Airport Neighbors Alliance, Inc. v. United States

The court holds that the National Environmental Policy Act (NEPA) does not require the Federal Aviation Administration (FAA) to consider the master plan for an airport's expansion in an environmental assessment (EA) of the upgrade of one runway. The court first holds that the issue is not moot, even...