Nebraska Pub. Power Dist. v. US, No. 07-5083 - Federal Circuit
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Nebraska Pub. Power Dist. v. US, No. 07-5083

In an action for a breach of contract against the United States over a dispute involving the interaction between a provision of the Nuclear Waste Policy Act (NWPA) and a government contract with a utility company that operates a nuclear power facility, an order of the Court of Federal Claims finding that the prior D.C. Circuit's rulings were void (and therefore not entitled to res judicata effect) because it lacked jurisdiction in the previous statutory review proceedings is reversed and remanded as the D.C. Circuit had jurisdiction to review the Department of Energy's (DOE) compliance with the NWPA and the mandamus order issued by the D.C. Circuit in that proceeding is not void. 

Read Nebraska Pub. Power Dist. v. US, No. 07-5083

Appellate Information

Appealed from: United States Court of Federal Claims

Decided January 12, 2010

Judges

Before:  Michel, Chief Judge, Newman, Mayer, Lourie, Rader, Schall, Bryson, Linn, Prost, Gajarsa, Dyk, and Moore, Circuit Judges

Opinion by  Bryson,  Circuit Judge

Counsel

For Appellant:  Jay E. Silberg, Pilsbury Winthrop Shaw Pittman LLP

For Appellee:   Harold D. Lester, Assistant Director, Civil Division, US Department of Justice.