Indian Harbor Insurance Co. v. United States
The Federal Claims Court held that the U.S. government need not indemnify developers for remediation costs they incurred complying with state agency orders concerning property formerly used as a military base. The developers' insurance company sought reimbursement from the government under the ...
Aiken County
The D.C. Circuit dismissed petitions for review challenging DOE's attempt to withdraw its application to NRC for a license to construct a permanent nuclear waste repository at Yucca Mountain, Nevada, as well as its apparent decision to abandon development of the Yucca Mountain nuclear waste reposito...
Barge v. St. Bernard, City of
An Ohio appellate court held that a city is not immune from residents' negligence lawsuit against it concerning pollution allegedly caused by a city landfill. The city argued that it was immune from suit because the operation of the landfill was a governmental function rather than a proprietary ...
San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission
The Ninth Circuit, in a case concerning the NRC's approval of a proposed interim spent fuel storage installation at the Diablo Canyon Power Plant, held that the NRC's refusal to grant a nonprofit group access to sensitive information in a closed adjudicatory hearing was not arbitrary, capric...
El Paso Natural Gas Co. v. United States
The D.C. Circuit upheld the dismissal of a Native American tribe's case against DOE asking it to clean up two contaminated sites under the Uranium Mill Tailings Remediation and Control Act (UMTRCA). The sites, located on Navajo tribal land, were contaminated by Word War II and Cold War era u...
Kansas Gas & Electric Co. v. United States
The Federal Claims court ordered DOE to pay three utility companies $10,632,454.83 for failing to collect spent nuclear fuel from the Wolf Creek Generating Station in Kansas in violation of their contract. The utilities' damages derive from their investigation of alternative spent nuclear fu...
Carijano v. Occidental Petroleum Corp.
The Ninth Circuit reversed a lower court decision dismissing a Peruvian Achuar indigenous group's lawsuit against an oil company for environmental contamination and the release of hazardous wastes. The complaint alleges that, during its 30 years in the Achuar territories, the oil company kno...
EnergySolutions, LLC v. Utah
The Tenth Circuit held that the Northwest Interstate Compact on Low-Level Radioactive Waste allows its member states to exclude low-level radioactive waste from disposal at a Utah site. A disposal facility in Utah, a member state, sought permission from the compact to import and dispose of l...