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Energy

Waste Control Specialists v. Department of Energy

The court holds that the U.S. Department of Energy (DOE) may require bidders on cleanup work at its Fernald, Ohio, nuclear site to demonstrate their ability to obtain the proper permits and dismisses a waste disposal company's suit...

Mt. Lookout-Mt. Nebo Property Protection Ass'n v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power...

El Paso Natural Gas Co. v. Neztsosie

The court holds that the Price-Anderson Act does not expressly prohibit the Navajo tribal court from determining its jurisdiction over tribal members' personal injury and wrongful death claims arising from uranium mining activities on...

United States v. Pend Oreille County Pub. Util. Dist. No. 1

The court affirms a district court's award of trespass damages to the Kalispel Tribe under the Federal Power Act (FPA) for the flooding of tribal lands by an electric utility's construction and operation of the Box Canyon dam in...

In re the Complaint of Metlife Capital Corp.

The court holds that oil pollution claims arising under the Oil Pollution Act of 1990 (OPA) are not subject to the Limitation of Shipowner's Liability Act of 1851 or to the concursus of claims under Rule F of the Supplemental Rules for...

National Audubon Soc'y v. Hoffman

The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent...

Raytheon Co. v. McGraw-Edison Co.

The court holds that a purchaser of environmentally contaminated property is not precluded from bringing Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...

Industrial Truck Ass'n v. Henry

The court holds that, as applied to industrial truck manufacturers and distributors, the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration's (OSHA's) hazard communication standard (HCS)...

Association of Pub. Agency Customers v. Bonneville Power Admin.

The court holds that the Bonneville Power Administration's (BPA) decision to enter or extend power contracts with several direct service industries (DSIs) was not arbitrary and capricious as alleged by a coalition of consumers, public...