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Energy (generally)

Mixed Waste: A Way to Solve the Quandary

Editors' Summary: Currently, mixed radioactive/hazardous waste is regulated by both the NRC and DOE under the Atomic Energy Act (AEA) and by EPA under RCRA. Despite the agencies' numerous and elaborate attempts to minimize and avoid...

Federal Oil Pollution Law and Regulatory Developments

Editors' Summary: Whether Congress intended it or not, the Oil Pollution Act of 1990 (OPA) has shaken the entire oil exploration and production industry to its core. Precipitated by the Exxon Valdez oil spill, the Act...

Sayles Hydro Ass'n v. Maughan

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though...

A Tale of Sound and Fury: The Environmental Record of the 102d Congress

Editors' Summary: The 102d Congress adjourned on October 9, 1992, leaving a mixed record of environmental successes and failures. The three principal environmental statutes before it — RCRA, the FWPCA, and the ESA — all failed to...

Natural Resources Defense Council v. Defense Nuclear Facilities Safety Bd.

The court denies a suggestion for rehearing en banc of its prior decision in Natural Resources Defense Council v. Defense Nuclear Facilities Safety Board, 22 ELR 21381, which held that the Board's...

Critical Mass Energy Project v. NRC

The court rules that Exemption 4 of the Freedom of Information Act shields from public disclosure comprehensive reports, prepared and provided to the U.S. Nuclear Regulatory Commission by a nonprofit consortium of the nuclear utility...

Disposing of Naturally Occurring Radioactive Material Wastes: A Legal Strategy

Editors' Summary: Naturally occurring radioactive material (NORM), which exists at very low levels throughout nature, is found in significant concentrations in over 50 common industrial wastes. EPA estimates that U.S. industry...

Prescott v. United States

The court holds that a district court properly denied the government's summary judgment motion on the basis of the discretionary function exception to the Federal Tort Claims Act (FTCA) in a consolidated action by 220 individuals...

Natural Resources Defense Council v. Watkins

The court holds that the district court erred in holding that environmental groups lack standing in their Federal Water Pollution Control Act citizen suit challenging the Department of Energy's (DOE's) proposed reopening of a nuclear...

Naturally Occurring Radioactiave Material: Regulators Should Look Before They Leap

Editors' Summary: The Atomic Energy Act does not regulate a variety of substances that occur routinely in nature or that may become radioactively enhanced through human activity. These substances, known as naturally occurring...