A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not subject to judicial review. But the court disagreed, holding that the...

The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable under the Minnesota Environmental Response and Liability Act (MERLA). Although n...

The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent nuclear fuel. In determining the amount of damages, the trial cou...

The Federal Circuit affirmed in part and reversed in part damages awarded to the current owner of the Vermont Yankee Nuclear Power Station stemming from the government's failure to dispose of spent nuclear fuel generated at the station. The owner's legal and lobbying fees to secure approval from...