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Waste (generally)

National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy

The D.C. Circuit held that the DOE Secretary's 2010 determination that there was no basis for suspending, or otherwise adjusting, annual fees collected from nuclear power plant owners and operators following the government's decision to...

Yankee Atomic Electric Co. v. United States

The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S. government for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by...

Waste Industries USA, Inc. v. State

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed...

New Jersey Department of Environmental Protection v. Occidental Chemical Corp.

A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act. The state's environmental agency...

Consolidated Edison Co. of New York v. Entergy Nuclear Indian Point 2, LLC

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of...

Sierra Recycling & Demolition, Inc. v. Chartis Specialty Insurance Co.

A district court held that an insurance company should have provided coverage to a demolition company for damages stemming from its disposal of contaminated waste at a recycling drop-off center. The insurance policy excludes coverage...

Boston Edison Co. v. United States

The Federal Circuit affirmed in part and reversed in part a lower court decision granting the buyer and seller of an energy company damages for the U.S. government's ongoing breach of its contractual obligation to collect and dispose of...

Sandlands C&D v. County of Horry

The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or...

Southern California Edison Co. v. United States

The Federal Circuit, in a breach of contract case involving the U.S. government's failure to dispose of spent nuclear fuels (SNF) produced at San Onofre Nuclear Generating Station, held that certain indirect overhead costs incurred...

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...