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.
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