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 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 U.S. Department of Energy's (DOE's) amended contract with a nuclear power plant operator constituted a direct payment of Nuclear Waste Fund (NWF) monies and was unlawful under the Nuclear Waste Policy Act (NWPA). DOE entered into contracts with the nuclear power plants to fu...

The court denies several utilities' and states' broad request for a writ of mandamus that would require the U.S. Department of Energy (DOE) to begin disposing of spent nuclear fuel (SNF) by the Nuclear Waste Policy Act's (NWPA's) January 31, 1998, deadline. But the court precludes DOE from excusing ...

The court holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to perform essential nuclear waste dump oversight activities at Yucca Mountain, Nevada. The court first holds ...

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power Act (FPA). The application proposed the running of a 9.6-mile pow...

The court denies New Mexico's request for a preliminary injunction and construction of a 1992 injunction to prevent shipments of waste to the waste isolation pilot plant (WIPP) in that state. The court first holds that the state cannot prove a likelihood of success on the merits. A previous injuncti...

The court holds that the district court erred in holding that environmental groups lack standing in their Federal Water Pollution Control Act citizen suit challenging the Department of Energy's (DOE's) proposed reopening of a nuclear reactor at the Savannah River site in South Carolina. The reactor ...

The court denies a suggestion for rehearing en banc of its prior decision in Natural Resources Defense Council v. Defense Nuclear Facilities Safety Board, 22 ELR 21381, which held that the Board's regulation allowing it to close meetings, or portions of meetings, concerning its recommendations relat...

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though plaintiff dam operator has not completed the state permitting proces...