News & Analysis as of

Nuclear Waste

Federal Air Legislation: November 14th U.S. Senate Committee on Environment and Public Works Subcommittee Hearing on Targeted Air...

The Subcommittee on Clean Air and Nuclear Safety (“Subcommittee”) of the United States Senate Committee on Environment and Public Works is holding a hearing today on legislation related to air issues. ...more

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

by Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Responsibility for German Nuclear Waste Shifts With Creation of State-owned Fund

by Latham & Watkins LLP on

In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The...more

California Environmental Law & Policy Update - June 2017

by Allen Matkins on

Environmental and Policy Focus - Defying Trump, California forms climate alliance with two states - San Francisco Chronicle - Jun 1 - Moving quickly to fill a climate leadership vacuum opened by President Trump,...more

Energy & Process Corp. Settles Whistleblower Action Related to Construction of Nuclear Waste Treatment Facility

by Dorsey & Whitney LLP on

On Monday, April 24, the U.S. Department of Justice announced that Energy & Process Corp. agreed to pay $4.6 million to settle False Claims Act allegations concerning the construction of a large nuclear waste treatment...more

California Environmental Law & Policy Update - April 2017

by Allen Matkins on

Environmental and Policy Focus - Appeals court upholds California’s cap-and-trade system - Sacramento Bee - Apr 6 - A state appeals court handed a major victory to California’s signature climate-change program on...more

Check Your Decommissioning Costs - a Federal Court Narrows the Scope of Eligible Section 172(f) Decommissioning Costs

On March 27, 2017, the U.S. District Court for the Southern District of Florida ruled that disposal fees paid by NextEra Energy Inc. and its subsidiary, Florida Power & Light Co. (NextEra or taxpayer) into the Nuclear Waste...more

Energy Technology Connections Newsletter - Your Law Firm Link to Industry News: March 2017

by Mintz Levin on

Our March edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. If you enjoy learning about new technology as much as we...more

State of Texas Sues Federal Government to Prompt Action on Yucca Mountain

by McDermott Will & Emery on

The state of Texas sued the federal government on March 14, 2017, under the Nuclear Waste Policy Act of 1982, stating that the executive branch failed to comply with the Act’s mandate that the federal government establish a...more

California Environmental Law & Policy Update - November 2015

by Allen Matkins on

Environmental and Policy Focus - Senate votes to block EPA’s clean water rule: The Hill - Nov 4:: The U.S. Senate approved a bill Wednesday to block the Obama administration’s new regulation defining federal authority...more

California Environmental Law & Policy Update - October 2015 #3

by Allen Matkins on

Environmental and Policy Focus - CalPERS set to divest from thermal-coal companies: Los Angeles Times - Oct 18: The California Public Employees' Retirement System (CalPERS) Investment Committee will have a new task at...more

California Environmental Law & Policy Update - October 2015 #2

by Allen Matkins on

Environmental and Policy Focus - Nationwide stay of EPA/Army Corps "Waters of the U.S." rule issued by Sixth Circuit Court of Appeals: Allen Matkins - Oct 9: The Sixth Circuit Court of Appeals today issued a nationwide...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Whistleblower's Criminal Conduct Prevents FCA Payout

by Polsinelli on

The United States Court of Appeals for the Ninth Circuit prevented a False Claims Act (“FCA”) relator from receiving a share of a $19 million settlement stemming from the defendant’s alleged false billing on a nuclear cleanup...more

Tenth Circuit Upholds Roadway Project On Lands Formerly Used To Manufacture Nuclear Weapons

by Nossaman LLP on

On April 17, 2015, the United States Court of Appeals for the Tenth Circuit affirmed a district court decision upholding the U.S. Fish and Wildlife Service’s (FWS) approval of a roadway project in the Rocky Flats area of...more

D.C. Circuit Denies Rehearing on Nuclear Waste Fee Decision

by McDermott Will & Emery on

The D.C. Circuit last week denied the Department of Energy’s (DOE) petition for en banc review of the court’s November decision holding that the DOE could not continue to collect nuclear waste fees from utilities. The...more

The Old Razzle Dazzle Is Not Sufficient: DOE May Not Collect a Nuclear Waste Disposal Fee If It Has No Way to Dispose of the Waste

In an opinion last week surprising only for the shortness of the shrift that the Court gave to DOE’s arguments, the DC Circuit Court of Appeals ruled that DOE may not continue to collect nuclear waste handling/disposal fees...more

D.C. Circuit Orders DOE to Stop Collecting Nuclear Waste Fee

by McDermott Will & Emery on

The D.C. Circuit issued an opinion this week in National Association of Regulatory Utility Commissioners v. United States Department of Energy ordering the Secretary of Energy to submit a proposal to Congress to change the...more

U.S. Court of Appeals Orders the Nuclear Regulatory Commission to Resume Yucca Mountain Licensing Proceeding, Upholding Rule of...

by K&L Gates LLP on

On August 13, 2013, the U.S. Court of Appeals for the District of Columbia Circuit took the rare step of granting a Petition for Writ of Mandamus compelling the Nuclear Regulatory Commission (“NRC”) to resume the licensing...more

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