ENERGY NORTHWEST v. U.S.

No. 2010-5112.

641 F.3d 1300 (2011)

ENERGY NORTHWEST, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 7, 2011.


Attorney(s) appearing for the Case

Norman M. Hirsch , Jenner & Block, LLP, of Chicago, IL, argued for plaintiff-appellee. With him on the brief were William D. Heinz , David Jiménez-Ekman , Christopher Tompkins and April A. Otterberg .

Harold D. Lester, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Sharon A. Snyder , Trial Attorney. Of counsel on the brief were Alan J. Lo Re , Assistant Director, Scott R. Damelin , Trial Attorney; and Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Before LOURIE, BRYSON, and PROST, Circuit Judges.


PROST, Circuit Judge.

The government appeals three categories of damages awarded by the United States Court of Federal Claims for the government's breach of its commitment to dispose of Plaintiff's spent nuclear fuel. The contested categories are as follows: First, the trial court awarded Plaintiff the cost of certain site modifications that the government contended were not proved to have been caused by the breach. Second, the court awarded damages to account for...

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