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 ...
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...
The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property. The government placed the log boom in the slough to ...
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 ...
A district court held that the Secretary of the Interior violated FLPMA and the APA when he withdrew a record of decision (ROD) adopting six revised resource management plans, collectively known as the Western Oregon Plan Revisions, for 2.5 million acres of BLM lands in western Oregon. The S...
The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The rules, which seek to reduce air pollutants affecting the state of California, require ocean-going vessels to ...
A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated as a regulation under the APA. Although the state agency that ad...
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...
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...