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Nuclear Info. & Resource Serv. v. NRC

The court holds that petitioners lack standing to challenge a Nuclear Regulatory Commission (NRC) rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argue that the NRC violated the National Environmental Policy Act in prepa...

Nevada v. Department of Energy

The court denies Nevada's petition for review of the U.S. Department of Energy's (DOE's) final environmental impact statement (EIS) for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mounta...

Sevenson Envtl. Servs., Inc. v. Shaw Envtl., Inc.

The court upheld a lower court decision dismissing an environmental service company's patent infringement suit against a hazardous waste remediation contractor. The contractor was hired by the U.S. Army Corps of Engineers to clean up a lead-contaminated parcel of land near Colonie, New York. The com...

Environmental Defense v. Duke Energy Corp.

The Court reversed the Fourth Circuit's grant of summary judgment in favor of a coal-fired power plant operator charged with violating the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) regulations. The CAA's PSD and new source performance standards (NSPS) provisions both cove...

Lombardi v. Whitman

The Second Circuit upheld the dismissal of rescue, search, and cleanup workers' substantive due process complaint against federal officials for knowingly issuing false statements about air quality safety in the aftermath of the September 11, 2001, terrorist attacks of the World Trade Center. The wor...

Citizens for Alternatives to Radioactive Dumping v. Department of Energy

The Tenth Circuit upheld a lower court decision denying a citizen group's lawsuit to enjoin the U.S. Department of Energy's (DOE's) approved operation of the Waste Isolation Pilot Plant, a nuclear waste repository located in southeastern New Mexico. The group argued that DOE relied on faulty data re...

Devia v. NRC

The court held unripe a petition challenging the Nuclear Regulatory Commission's (NRC's) decision to grant a license permitting the construction and operation of a spent nuclear fuel storage facility on land belonging to the Skull Valley Band of Goshute Indians in Utah. After the NRC approved the li...

Southern Nuclear Operating Co. v. United States

The Federal Claims Court held that the U.S. Department of Energy (DOE) must pay two nuclear utilities over $77 million in damages for failing to commence performance of its contract to accept, transport, and dispose of the utilities' spent nuclear fuel. Under the contract, DOE was to start accepting...

Engine Mfrs. Ass'n v. South Coast Air Quality Maintenance Dist.

The Ninth Circuit affirmed a lower court decision that the Clean Air Act (CAA) does not preempt certain provisions of local "fleet rules" requiring operators to meet specified emission standards or engine requirements, but reversed and remanded the court's refusal to consider whether the CAA preempt...

State v. Bulk Petroleum Corp.

A Michigan appellate court upheld a lower court's imposition of over $2.5 million in penalties against the owners of a gas station for failing to comply with certain orders and statutory requirements in remediating contamination due to leaking underground storage tanks at the site. The trial court a...