DOE Urges Fed. Circ. To Reinstate Unavoidable Delay Defense

Law360, Washington (August 6, 2012, 6:56 PM EDT) -- The U.S. Department of Energy told the Federal Circuit on Monday that the government should have been allowed to use unavoidable delays as a defense against paying damages to Entergy Nuclear Fitzpatrick LLC over its inability to fulfill a nuclear waste contract, saying the lower courts used the wrong legal standards to decide the case.

DOE initially entered into contracts with Entergy and other nuclear utilities as part of the Nuclear Waste Policy Act, but couldn't begin accepting and disposing of the spent nuclear fuel when...
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