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AES Sparrows Point LNG, Ltd. Liab. Co. v. Smith

A court an amendment to a county zoning regulation that prohibits the siting of liquefied natural gas facilities in the Chesapeake Bay Critical Areas of Baltimore County, Maryland. The amendment is not preempted by the Natural Gas Act and is within the delegated authority of the state of Maryland an...

Devia v. NRC

The court held unripe a petition challenging the Nuclear Regulatory Commission's (NRC's) decision to grant a license permitting the construction and operation of a spent nuclear fuel storage facility on land belonging to the Skull Valley Band of Goshute Indians in Utah. After the NRC approved the li...

Sierra Club v. Corps of Eng'rs

A district court held that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it prepared an environmental assessment (EA) in lieu of an environmental impact statement for proposed levee work along the Missouri River. The EA failed to properly consider the cu...

Clarkson, City of v. Mineta

The Eighth Circuit reversed and remanded a lower court's grant of summary judgment in favor of the U.S. Department of Transportation on a city's claims that the agency insufficiently considered the economic and environmental impact of a sound wall in violation of the National Environmental Policy Ac...

Southern Nuclear Operating Co. v. United States

The Federal Claims Court held that the U.S. Department of Energy (DOE) must pay two nuclear utilities over $77 million in damages for failing to commence performance of its contract to accept, transport, and dispose of the utilities' spent nuclear fuel. Under the contract, DOE was to start accepting...

Miccosukee Tribe of Indians v. United States

A district court held that the U.S. Army Corps of Engineers' (the Corps') final supplemental environmental impact statement (FSEIS), designed to avoid jeopardy to the endangered Cape Sable seaside sparrow in the Everglades National Park in connection with a water and flood control project in souther...

Coalition on W. Valley Nuclear Wastes v. Department of Energy

A district court denied plaintiff environmental group's motion for summary judgment under the Administrative Procedure Act to compel compliance with the National Environmental Policy Act (NEPA) and to enforce a 1987 stipulation. The U.S. Department of Energy (DOE) did not violate NEPA's policy prohi...

Rattlesnake Coalition v. EPA

The Ninth Circuit affirmed dismissal of an action against the U.S. Environmental Protection Agency (EPA) and others under the National Environmental Policy Act (NEPA) in which an environmental group sought injunctive, declaratory, and other relief relating to the preparation of certain environmental...

Nuclear Info. & Resource Serv. v. Nuclear Regulatory Comm'n

The D.C. Circuit denied citizen advocacy groups' claim that the Nuclear Regulatory Commission violated the National Environmental Policy Act and the Atomic Energy Act when it granted a license for a new, privately owned facility in New Mexico to produce enriched uranium as fuel for nuclear reactors....

Ohio River Valley Envtl. Coalition v. Green Valley Coal Co.

The Fourth Circuit affirmed an award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act with respect to the preliminary injunction phase of the litigation, but reversed fees awarded for the supplemental claims phase. The supplemental phase included plaint...