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...

The Tenth Circuit dismissed an appeal brought by energy companies arguing that §266(b)(1)(A) of the Mineral Leasing Act requires BLM to issue oil and gas leases within 60 days of payment. The energy companies were the highest bidders on 118 pending leases, and because more than 60 days had passed s...