The U.S. Court of Federal Claims recently granted a plaintiff’s motion for summary judgment in a spent-nuclear-fuel case, holding that the undisputed facts show the Government is liable for $19 million of storage costs. In Energy Northwest v. United States, an electric utility entered into a contract with the Department of Energy for the federal government to dispose of nuclear waste. But although the Government had entered into the same contract with every nuclear power provider in the country, it failed to accept delivery of any nuclear waste, breaching the contracts.
The U.S. Court of Federal Claims recently held that 28 U.S.C. § 1500 bars claims transferred to the CFC. In Skokomish Indian Tribe v. United States, the Tribe sued the Government and several other parties in federal district court, alleging that the operation of the Cushman Hydroelectric Project near Tacoma, Washington, violated the Administrative Procedure Act, an 1855 Treaty, Washington tort law, and the Government’s trust duties to the Tribe. The district court concluded that some of the claims—notably, the claims arising under the 1855 Treaty, and other claims against the Government—must be brought in the CFC. The district court then transferred the claims against the Government under 28 U.S.C. § 1631, the transfer statute.