Law360, New York (December 18, 2013, 8:31 PM EST) -- On Nov. 19, the Court of Appeals for the D.C. Circuit ruled in favor of the National Association of Regulatory Utility Commissioners ("NARUC") and the Nuclear Energy Institute in a case challenging the Department of Energy's continued collection of nuclear waste fees under the Nuclear Waste Policy Act ("NWPA"). The court agreed with the petitioners, finding that Energy Secretary Ernest Moniz had "decline[d] to carry out his basic statutory obligation" and directed the DOE to send Congress a proposal to suspend collection of the fees.[1] The case sends a clear message to the DOE — and to Congress — that the current federal approach to the nuclear waste disposal issue is contrary to existing law. The status quo — that is, the DOE collecting fees but providing no disposal service — is not legally permissible....
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