Norse Energy Corp. v. Town of Dryden
A New York appellate court held that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and...
Entergy Nuclear Fitzpatrick, LLC v. United States
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...
Resisting Environmental Destruction on Indigenous Lands v. United States Environmental Protection Agency
The Ninth Circuit, in an amended opinion, denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels. The permits require the drillship to comp...