The Court of Federal Claims held that nuclear utilities were entitled to almost $57 million in mitigation expenses related to DOE’s failure to accept nuclear waste by the date set forth in the contract between the utilities and DOE. In their suit, the utilities sought, among other things, cost...

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility. The groups argued that two projects, the economiz...

The Ninth Circuit held that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily, capriciously, or contrary to law when it granted Nevada's request to split one of its clean air areas into two. Contrary to an environmental group's claim, the presence and operation of a mine in the ...

A district court expanded a preliminary injunction already in place to prevent the U.S. Department of Energy (DOE) from shipping any low-level or mixed low-level transuranic waste to the Hanford Nuclear Reservation in Washington. The risks associated with disposal of low-level or mixed low-level was...

The court remanded portions of a 2002 U.S. Environmental Protection Agency (EPA) rule interpreting when a major stationary source undertakes a "modification," thereby triggering the Clean Air Act's new source review (NSR) requirements. EPA erred in promulgating the clean unit applicability test, whi...

The court affirms a district court's grant of summary judgment to the Tennessee Valley Authority (TVA) on environmental groups' request for civil penalties and on its claim as to violations of the Clean Air Act's (CAA's) 20% opacity limitation occurring before May 20, 1999, but it reversed summary j...

The court reverses the dismissal of an individual's complaint against his employer under the Clean Air Act's (CAA's) whistleblower provision. The U.S. Department of Labor's Administrative Review Board (ARB) dismissed the complaint reasoning that the individual did not engage in a protected activity ...

A court partially grants the U.S. Environmental Protection Agency's (EPA's) and individuals' motions to dismiss a class action suit stemming from plaintiffs' exposure to hazardous substances in the interior of their residences, schools, and workplaces as a result of the dust and debris released from...

The court holds that petitioners lack standing to challenge a Nuclear Regulatory Commission (NRC) rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argue that the NRC violated the National Environmental Policy Act in prepa...

The court denies Nevada's petition for review of the U.S. Department of Energy's (DOE's) final environmental impact statement (EIS) for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mounta...