DOE Can’t Excuse Nuclear Waste Disposal Delay: Fed. Circ.

Law360, New York (April 2, 2013, 3:10 PM EDT) -- The Federal Circuit refused to revive a U.S. Department of Energy suit claiming the government couldn't have avoided obstacles that prevented it from fulfilling a nuclear waste contract, finding that the DOE's failure to have a nuclear repository ready wasn't an unavoidable delay.

The DOE had argued that it could use the unavoidable delay defense to avoid paying damages to Entergy Nuclear Fitzpatrick LLC when it wasn't fully prepared to fulfill the terms of its contract and accept nuclear waste by January 1998, but the appeals...
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