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Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

The court holds that the state of Nebraska's challenge to the siting of a regional low-level radioactive waste (LLRW) disposal facility in that state is barred by the regional LLRW disposal compact's 60-day limitation period. The state claimed that the Central Interstate Low-Level Radioactive Waste ...

Northwest Resource Info. Ctr. v. Northwest Power Planning Council

The court holds that the Pacific Northwest Electric Power and Conservation Planning Council (Council) violated the Northwest Power Act (NPA) §839b(h)(7) and the Administrative Procedure Act by failing to explain, in its final amendments to its fish and wildlife program for the Columbia River Basin,...

Nebraska v. Rural Electrification Admin.

Applying Nebraska law, the court holds that the instrument creating the Platte River Whooping Crane Maintenance Trust authorizes the trust to participate in Federal Energy Regulatory Commission (FERC) relicensing hearings for two hydroelectric projects on the Platte River and in litigation involving...

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 ...

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...

California Forestry Ass'n v. Thomas

The court holds that timber companies, a trade association, and a county lack constitutional and prudential standing to challenge the U.S. Forest Service's interim guidelines on managing spotted owl habitat in California's western Sierra Nevada national forests. Plaintiffs alleged that the guideline...

National Ass'n of Home Builders v. Babbitt

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first holds that the record clearly shows that wildlife in general, and ...

Audubon Soc'y v. U.S. Forest Serv.

The court holds that the Freedom of Information Act (FOIA) requires the U.S. Forest Service to release to an environmental group management territory maps identifying Mexican spotted owl nest sites. The Forest Service may not withhold the maps under FOIA exemption 2, which permits withholding of inf...