In 1983, the U.S. Department of Energy and Entergy Nuclear Indian Point 2, LLC (Consolidated Edison’s predecessor in interest) contracted to remove and dispose of spent nuclear fuel and high-level radioactive waste. The Government failed in its contractual obligation to dispose of spent nuclear fuel and therefore partially breached the agreement. Entergy Nuclear claimed damages of $37.4 million for a period from 2008 to 2013 for this partial breach.
In 2010, a class of landowners sued in the U.S. Court of Federal Claims alleging that CSX Transportation, Inc. and its predecessors-in-interest ran a railroad right-of-way through property they owned in Shelby County, Tennessee. The Plaintiffs sued in the CFC alleging that the government took their reversionary property interests in the railroad rights-of-way when the government approved the conversion of the rail line to a recreational trail under the railbanking provisions of the National Trails System of 1983.