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Beyond Nuclear, Inc. v. U.S. Nuclear Regulatory Commission

The D.C. Circuit denied environmental groups' petitions to review NRC's denial of their requests to intervene in licensing proceedings for construction and operation of a spent nuclear fuel storage facility in New Mexico. An energy company had applied for a license to construct and operate the facil...

Electric Energy, Inc. v. Environmental Protection Agency

The D.C. Circuit dismissed petitions to review EPA actions applying and enforcing regulations that govern disposal of coal combustion residuals (CCRs). Owners and operators of coal-fired power plants argued EPA's actions amended existing legislative rules governing disposal of CCRs and that the Agen...

Natural Resource Damages Under CERCLA and OPA

Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.

Strengthening Superfund Cleanups With Land Use Institutional Controls

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.