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Commonwealth Edison Co. v. United States

Order of Court of Federal Claims in favor of United States affirmed; requiring plaintiff and other domestic utilities that benefited from uranium processing services to contribute to remediation costs did not constitute a Fifth Amendment taking, and the Energy Policy Act does not violate the Due Process Clause of the Fifth Amendment.

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Appealed from: United States Court of Federal Claims Chief Judge Lawrence M. Baskir

Opinion for the court filed by Circuit Judge DYK, in which Circuit Judges MICHEL, LOURIE, CLEVENGER, SCHALL, BRYSON, GAJARSA, and LINN join. Dissenting opinion filed by Chief Judge MAYER, in which Circuit Judges NEWMAN and RADER join.

This case is one of a large number of cases brought in the Court of Federal Claims challenging the constitutionality of the Energy Policy Act of 1992, Pub. L. No. 102-486, 106 Stat. 2776 (codified as amended in various sections of 42 U.S.C.) (“EPACT” or “the Act”), which imposes special monetary assessments on domestic utilities for the remediation of environmentally contaminated uranium processing facilities owned by the United States. See 42 U.S.C. � 2297g-1. After argument before a panel on April 4, 2001, we sua sponte ordered that the case be heard in banc without additional briefing. The case was heard in banc on October 3, 2001.

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