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Posts Tagged ‘United States Court of Appeals’

READY TO RUMBLE: U.S. COURT SETS MARCH DATE FOR YUCCA ARGUMENTS

Monday, January 10th, 2011

The U.S. Court of Appeals has issued an order scheduling oral arguments regarding the Obama Administration’s termination of the Yucca Mountain program for March 22. Chief Judge David Sentelle and Circuit Judges Janice Rogers Brown and Brett Kavanaugh will hear the case.

A separate order will be issued regarding the allocation of time for government defendants and a panoply of state plaintiffs, which include the states of South Carolina and Washington.
 
Sentelle was appointed to the court by President Reagan. Brown and Kavanaugh were appointed by President George W. Bush.

U.S. COURT REBUFFS REQUEST TO DISMISS NUCLEAR WASTE FEE

Monday, December 13th, 2010
 
The United States Court of Appeals for the District of Columbia has dismissed a lawsuit asking for the suspension of the approximately 0 million collected annually by the Energy Department under the Nuclear Waste Policy Act.  The suit was filed earlier this year by the National Association of Regulatory Utility Commissioners, the Nuclear Energy Institute and electric utilities.
 
The Court concluded that an assessment of the adequacy of the waste fee completed this fall by Energy Secretary Steven Chu had rendered the request by the plaintiffs to request a review and suspend the fee in the interim “moot.”
 
The Court also found that a request to order the Secretary to suspend the fee given the current state of the DOE’s Yucca Mountain program “is unripe.”  The Court added that “[T]he interest in postponing review is strong if the agency position whose validity is in issue is not in fact the agency’s final position… Given the Secretary’s recent completion of his annual assessment, petitioners may now be able to properly raise this claim through a challenge to that assessment.”