Legal Opinion

Alabama Power Co. v. United States Department of Energy

Court of Appeals for the Eleventh Circuit

Decided September 24, 2002No. 00-16138PublishedCited by 52 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

Pursuant to the Nuclear Waste Policy Act of 1982 (“NWPA”), 42 U.S.C. § 10101 et seq., the Department of Energy (“Department”) contracted with operators of nuclear power plants to begin disposal of spent nuclear fuel (“SNF”) “not later than January 31, 1998.” 42 U.S.C. § 10222(a)(5)(B). It failed to do so. Hoping to stem the tide of litigation arising out of this massive breach, the Department entered into a settlement agreement with one utility, Exelon Generation Company (“Exelon”), in which the Department amended its contract with Exelon by giving it an “equitable…

2Cases cited21 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  5. Buckley v. ValeoSupreme Court of the United States · 1976

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3Cited by52 opinions

  1. American Bankers Insurance Group v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
  2. Florida State Conference of the National Ass'n for the Advancement of Colored People v. BrowningCourt of Appeals for the Eleventh Circuit · 2008
  3. Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
  4. National Parks Conservation Association, Tropical Audubon Society v. Gail Norton, Fran P. ManellaCourt of Appeals for the Eleventh Circuit · 2003
  5. Yankee Atomic Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2008

47 more not listed; retrieve them via the Exa API.

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