Fed. Circ. Cuts Through DOE's 'Delays' Defense

Law360, New York (January 13, 2010, 4:42 PM EST) -- The U.S. Department of Energy cannot blame its failure to abide by nuclear waste storage contracts on “unavoidable delays,” a federal appeals court has ruled in a case that reignites a slew of energy company actions that seek potentially billions of dollars in damages from the government.

In a majority en banc opinion issued Tuesday, Judge William C. Bryson of the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Court of Federal Claims judge's ruling that the Energy Department could defend...
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