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Maine Yankee Atomic Power Co. v. United States

Dismissal of complaint affirmed; court was bound by en banc decision in Commonwealth Edison Co. v. United States , rejecting taking and due process arguments concerning the requirement that utilities that benefited from uranium processing services contribute to remediation costs.

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Appealed from: United States Court of Federal Claims

Judge John P. Wiese

In the Energy Policy Act of 1992, Congress imposed liability upon nuclear electric power companies that had purchased enriched uranium from the United States — the purchases having been made as far back as 1969 — for a substantial portion of the government’s costs of decontaminating the plants in which it had enriched the uranium. The three appellants — electric utilities that had purchased enriched uranium from the government for their nuclear power plants and who were subject to, and had paid part of, the statutory liability — sued the United States in the Court of Federal Claims, challenging the assessments as a taking of their property for which they sought just compensation and as an unconstitutional retroactive statutory application that denied them due process and equal protection. On the government’s motion, the Court of Federal Claims dismissed the complaints, holding that they did not set forth valid constitutional claims.

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