The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities. The Standard Contract provided that DOE was to begin accepting SNF no later than...

A district court dismissed with leave to amend environmental groups' lawsuit against EPA alleging that it violated the ESA by failing to undertake required consultations regarding the effects of 382 registered pesticides on endangered and threatened species. The groups seek a broad remedy—an injun...

A district court denied a motion to dismiss landowners' lawsuit against a gas company for alleged property damage in the form of contaminated well water resulting from Marcellus Shale gas drilling activity occurring on property adjacent to the landowners' property. The landowners provided facts that...