Nuclear Energy
The nuclear energy sector encompasses a complex and varied field of law, accounting for over half of the United States’ low-carbon power, and presents numerous opportunities and challenges. These range from preserving the economic viability of these clean energy resources, including defending against claims of environmental impacts, to extending the operational life of existing reactors and managing decommissioning processes, to developing advanced reactor technologies. The Arnold & Porter nuclear team is adept at navigating the intricate and often volatile challenges presented by the evolving regulatory landscape, and a track record of successful defense of claims brought under the Price Anderson Act that raise complex legal and scientific issues unique to the nuclear industry. We offer comprehensive support to clients grappling with complex issues across the industry, including guiding clients through the rigorous regulatory environment governing nuclear power generation, offering strategic counsel and litigation defense during disputes, and providing public policy advocacy.
Experience Highlights
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Honeywell in a putative toxic tort class action alleging that radioactive air emissions from a plant have resulted in the presence of radioactive material on surrounding properties and the diminution in value of those properties.
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Chemical company as lead counsel in multi-million dollar contract dispute regarding remediation of radiological contamination in St. Louis, Missouri. Remediation was overseen by the Nuclear Regulatory Commission. Case settled two days before trial.
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Atlantic Richfield in successful representation in 17 cases in which over 100 plaintiffs alleged that they or their spouses developed cancer due to exposure to radioactive materials emitted from two former nuclear processing facilities located in Armstrong County, Pennsylvania. The cases were brought under the Price-Anderson Act. The district court granted summary judgment dismissing the complaints and state law claims. After arguing the appeal, the Third Circuit affirmed summary judgment.
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Atlantic Richfield, with respect to the proposed remediation of the Shallow Land Disposal Area, a radioactive site in the Army Corp’s Formerly Utilized Sites Remedial Action Program. Low level radioactive waste from uranium enrichment processes at nearby facilities operated by NUMEC was disposed of in ten trenches on the site.
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New York State Energy Research & Development Authority in a NEPA project related to the closing of a nuclear fuel recycling facility.
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Sacramento Municipal Utility District (SMUD) in efforts to hold the U.S. responsible for failing to remove nuclear waste and spent nuclear fuel from SMUD’s decommissioned nuclear plant, Rancho Seco. We successfully resolved claims against the government through litigation and negotiation.
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General Electric in securing dismissal of putative class action alleging personal injuries from radiation exposure arising out of the Fukushima nuclear power plant meltdown.
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Public Service Electric & Gas Company, PSEG Power LLC, and PSEG Energy Resources & Trade in matters before the Federal Energy Regulatory Commission seeking to protect and promote the ability of nuclear generators to provide electricity service to co-located data centers on an efficient and timely basis to further U.S. national security and economic goals.
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Energy company with regard to a nuclear plant interface agreement with a nuclear power facility.
Key Contacts
