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Federal appeals court rules against NRC on waste confidence rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 10 2012

In a case brought against the Nuclear Regulatory Commission by New York, Vermont, Connecticut, the Natural Resources Defense Council, the Southern Alliance for Clean Energy, Riverkeeper Inc., and the Blue Ridge Environmental Defense League, the U.S. Court of Appeals for the District of Columbia ruled on June 8 that the commission did not conduct a sufficiently thorough analysis of its rule determining that spent nuclear fuel could be safely stored at power plans for as long as 60 years beyond a reactor’s license


Court affirms government must pay for nuclear waste storage
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 20 2012

On May 18, the U.S. Court of Appeals for the Federal Circuit upheld approximately $142 million in damages to Yankee Atomic Electric Co., Maine Yankee Atomic Power Co., and Connecticut Yankee Atomic Power Co. to cover the costs, including Nuclear Regulatory Commission fees, of storing spent nuclear fuel that should have gone to the government's Yucca Mountain storage facility per agreements signed under the 1982 Nuclear Waste Policy Act


Court denies CARB request
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 29 2012

The U.S. District Court for the Eastern District of California denied January 23 the California Air Resources Board’s request to lift an injunction blocking enforcement of the state’s low-carbon fuel standard


Nuclear waste fund ruling
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

On June 1, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Energy Department has not provided sufficient justification for continued payments by nuclear utilities, totaling $750 million a year, into the Nuclear Waste Fund to pay for management of high-level radioactive waste


9th Circuit backs EPA Mt SO2 regs
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 29 2012

The U.S. Court of Appeals for the Ninth Circuit denied January 19 two consolidated petitions for review filed by the Montana Sulphur and Chemical Company challenging plans by the Environmental Protection Agency to regulate SO2 emissions in Montana


Tribe opposes wind project
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 27 2012

The Quechan Tribe of the Fort Yuma Indian Reservation filed a complaint May 14 in the U.S. District Court for the Southern District of California seeking to overturn the Interior Department’s Bureau of Land Management’s recent approval of the Ocotillo Wind Energy Project


Particulates rule sent to OMB
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

The Environmental Protection Agency told the U.S. District Court for the District of Columbia May 30 that the it sent a proposed rule that would set air pollution standards for particulate matter to the White House Office of Management and Budget May 29 for interagency review


OH BAT ruling
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

The U.S. Court of Appeals for the Sixth Circuit ruled May 25 that a citizen suit to compel the Ohio Environmental Protection Agency to enforce a Clean Air Act requirement to limit pollution from new and modified sources is without legal standing


Judge orders particulate matter rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

On May 31, the U.S. District Court for the District of Columbia gave the Environmental Protection Agency until June 7 to finalize a proposed rule setting air pollution standards for particulate matter, citing the lack of a reasonable explanation for the length of the rulemaking process


Mountaintop mine permit authority
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 25 2012

U.S. District Judge Amy Berman Jackson ruled March 23 that the Environmental Protection Agency exceeded its authority by revoking permits for what could now become West Virginia’s largest mountaintop removal mine