The US Supreme Court rang eight bells on March 29, rejecting the petition by US Navy sailors to review last year’s Ninth Circuit decision upholding dismissal of their lawsuit in Cooper v. Tokyo Electric Power Co. Holdings Inc. The Supreme Court’s rejection ends the long-running litigation stemming from claims of injury by US Navy sailors deployed to Japan to provide humanitarian assistance after the March 2011 earthquake and tsunami off the coast of Japan. The sailors claimed injury from radiation emitted from the damaged Fukushima-Daichi power plant and sued plant operator Tokyo Electric Power Holdings Inc. (TEPCO) and reactor designer General Electric Company (GE) for negligence, strict product liability, and wrongful death.
A LawFlash prepared by lawyers in our environmental practice discusses the implications of the DC Circuit’s recent decision vacating the Environmental Protection Agency’s Affordable Clean Energy (ACE) rule on the Clean Power Plan.
Read the LawFlash
Read the LawFlash
On June 24, the US Supreme Court issued its opinion in Food Marketing Institute v. Argus Leader Media, expanding the scope of information protected under Exemption 4 of the Freedom of Information Act (FOIA).
In a rare legal challenge related to fees the NRC charges nuclear licensees for its services, the US Court of Federal Claims recently held that the costs of certain NRC services provided in connection with Confirmatory Orders (COs) are not recoverable via hourly bills to individual licensees.
The US Court of Appeals for the Eleventh Circuit on July 11 affirmed the decision of the US District Court for the Southern District of Florida that dismissed a putative class action complaint seeking class certification for more than 1 million customers, injunctive relief, and disgorgement of rates collected under Florida’s Nuclear Cost Recovery System (NCRS).
The US Court of Appeals for the Fifth Circuit on June 1 dismissed all of the claims brought by Texas seeking to compel a final decision on Yucca Mountain’s suitability as a nuclear waste repository. See Texas v. United States et al., Case No. 17-60191.
The US Department of Justice (DOJ) and the Federal Energy Regulatory Commission (FERC) filed a joint brief on May 29 in the US Court of Appeals for the Seventh Circuit, stating that Illinois’ zero emission credit (ZEC) program for eligible nuclear plants in Illinois is not preempted by the Federal Power Act (FPA).