The court holds that the Pacific Northwest Electric Power and Conservation Planning Council (Council) violated the Northwest Power Act (NPA) §839b(h)(7) and the Administrative Procedure Act by failing to explain, in its final amendments to its fish and wildlife program for the Columbia River Basin,...

The court preliminarily enjoins the U.S. Department of Energy (DOE) from importing 409 spent nuclear fuel assemblies for storage at the Savannah River site in South Carolina until the court resolves on the merits South Carolina's claim under the National Environmental Policy Act (NEPA) that an envir...

The court holds that the operators of the Three Mile Island nuclear reactor violated their duty of care to the public by releasing, during a 1979 accident at the facility, radiation in levels exceeding federal standards for radioactivity allowed in liquid or airborne effluents released off premises....

The court holds that punitive damages are available under Pennsylvania law and the Price-Anderson Amendments Act of 1988 (PAA)) to plaintiffs in a suit against the operators of the Three Mile Island nuclear reactor for personal injuries allegedly resulting from exposure to radiation released during ...

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged release from the tank. The court first holds that this case does not i...

The court holds that the U.S. Environmental Protection Agency (EPA) was not constitutionally barred from considering a facility's boiler and industrial furnace (BIF) permit application while a federal government suit over the facility's alleged incineration of hazardous waste without a permit was pe...

The court rules that the Price-Anderson Act does not bar, under an exception to the tribal exhaustion doctrine, Native American tribal court jurisdiction over an action against corporations operating a uranium processing mill on the Navajo Reservation in alleged violation of tribal law. Under the tr...

The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its final rules by December 15, 1996. The court first holds that a state...

The court holds that it lacks subject matter jurisdiction over third-party indemnification and duty-to-defend claims asserted by a defendant in a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) cost recovery action against its insurer. The claims are not closely enough ...

The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment immunity with respect to contribution claims by third-party plaintiffs ...