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

The court holds that the "most profitable use of land" is the proper measure of damages owed a Native American tribe for trespass to its lands caused by a hydroelectric dam operator's flooding of part of the Kalispel Indian Reservation...

Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

The court holds that the state of Nebraska's challenge to the siting of a regional low-level radioactive waste (LLRW) disposal facility in that state is barred by the regional LLRW disposal compact's 60-day limitation period. The state...

Citizens Awareness Network v. NRC

The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for...

O'Conner v. Commonwealth Edison Co.

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to federal court under the Price-Anderson...

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...

Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

The court holds that a challenge by the state of Nebraska to the siting of a regional low-level radioactive waste storage facility in Boyd County, Nebraska, is barred by a regional compact's time limits on suits and the doctrines of...

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...