Energy

The court upholds two Nuclear Regulatory Commission (NRC) orders that refused on standing grounds a radioactive waste disposal facility's request for hearing and intervention in the licensing…

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the…

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for…

The court holds that the U.S. Supreme Court's decision in Eastern Enterprises v. Apfel, 118 S. Ct. 2131 (1998), does not undercut the constitutionality of retroactive liability under the…

The court holds that a state's failure to seek rehearing of the Federal Energy Regulatory Commission's (FERC's) order on remand in a case involving a hydroelectric power license…

The Court holds that the tribal exhaustion doctrine does not require a district court to abstain from deciding whether Native Americans' tort claims arising from uranium mining on their…

The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2)…

A judge dissents from the Ninth Circuit's decision not to rehear a case addressing the Oil Pollution Act's (OPA's) preemptive effect on Washington State's oil spill prevention…

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution…

The court holds that 15 of Washington State's 16 best achievable protection (BAP) oil spill prevention regulations are not preempted by federal law. The court first holds that the BAP…