US Can Cite Delays To Avoid Damages In Waste Suit: Judge

Law360, New York (August 1, 2011, 8:56 PM EDT) -- The U.S. Court of Federal Claims ruled Friday that the U.S. could attempt to avoid damages — but not liability — by arguing that unavoidable delays caused it to violate a contract with Rochester Gas and Electric Corp. to dispose of high-level radioactive waste.

The suit is one of many brought against the U.S. government over a botched plan to accept and dispose of utilities' spent nuclear fuel by January 1998 in exchange for fees that utilities paid into a nuclear waste fund.

When it filed...
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