The court holds that three electric utilities may maintain their breach of contract claims against the government for the failure to begin by January 1, 1998, the disposal of spent nuclear fuel waste produced at the utilities' plant as agreed to in a 1983 contract. The government conceded that it wo...

The court reverses the dismissal of a utility's breach of contract claim against the government for failing to dispose of the utility's spent nuclear waste beginning no later than January 1, 1998, as agreed to in a 1983 contract. The government notified the utility that it would be unable to begin d...

The court upholds all but one of the U.S. Department of Commerce's regulations implementing the final 1999 highly migratory species fishery management plan. The court first holds that three of the regulations, which place limits on the amount of Atlantic bluefin tuna that can be caught and kept per ...

The court refuses to preliminarily enjoin a lessee from using a soil vapor extraction (SVE) cleanup method during the remediation of its leased property or to require the lessee to remediate all contamination at the site. The lessee subleased the property at issue to a dry cleaner who released hazar...

The court holds that it lacked original jurisdiction under the Nuclear Waste Policy Act (NWPA) to review an environmental group's petition to set aside a U.S. Department of Energy (DOE) order that provides a process for determining whether certain radioactive waste streams are waste incidental to re...

The court holds that the National Marine Fisheries Service (NMFS) acted arbitrarily and capriciously in concluding that proposed timber sales were not likely to jeopardize the continued existence of the Umpqua River cutthroat trout and the Oregon Coast coho salmon. The court first holds that the tri...

The court affirms a district court dismissal of an environmental group's suit against the U.S. Fish and Wildlife Service (FWS) for failing to reinitiate consultation regarding an incidental take permit issued to a timber company under the Endangered Species Act (ESA). The incidental take permit allo...

The court holds that the National Marine Fisheries Service (NMFS) adequately assessed whether implementation of a bottomfish fishery management plan (FMP) for the Northwest Hawaiian Islands would jeopardize the continued existence of the endangered monk seal. The district court originally held that ...

The court denies environmental groups' motion for a preliminary injunction requiring the U.S. Army Corps of Engineers' management of a Florida water project to comply with certain provisions of a U.S. Fish and Wildlife Service (FWS)-issued reasonable and prudent alternative (RPA) that would allegedl...

The court dismisses on motions for summary judgment a fishing association's claims against the Secretary of Commerce challenging the National Marine Fisheries Service's (NMFS') 2001 summer flounder quotas and summer flounder fishery management plan (FMP) regulations. The court first holds that the a...