US Can't Blame Delays For Failed Nuclear Waste Deal

Law360, New York (August 5, 2010, 1:20 PM EDT) -- A federal court has shut down the U.S.' unavoidable delays defense in a breach of contract suit brought by Entergy Nuclear Operations Inc. over the federal government's unfulfilled promise to build a national nuclear waste dump.

The defense — that the government could argue it was subject to unavoidable delays allowed under its standard contract with nuclear power companies — has already been barred by a federal appeals court from being used in any way, Judge Edward J. Damich of the U.S. Court of Federal Claims...
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