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...

A California court held that San Diego County's climate action plan violates the California Environmental Quality Act (CEQA) and must be set aside. The plan should have been the subject of a supplemental environmental impact report (EIR) under CEQA instead of an addendum to the county's existing Pro...

A California appellate court upheld the denial of a fishing club's petition for a writ of mandate directing the California Fish and Game Commission to vacate its regulations that create Marine Protected Areas and Marine Managed Areas in state waters of an area of the Pacific Ocean known as the North...

A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact report under the California Environmental Quality Act (CEQA). The ...

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be ordered to provide the necessary drainage or, alternatively, to p...

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The group failed to state a claim under the CWA because discharges of...