Pillsbury has represented much of the U.S. nuclear energy industry during the 13 years since the Federal government first failed in its obligation to safely dispose of the utilities' spent nuclear fuel. By contract, the Department of Energy was required to begin disposing of the utilities' spent fuel in 1998; but as of 2010, the project was more than 20 years behind schedule, and the Obama administration had terminated the planned Yucca Mountain Nevada geologic repository, which was to be the facility for meeting the DOE's obligation to the utilities. The industry has sought damages of more than $50 billion for the alternative storage costs incurred because of the government's breach of contract. After achieving negotiated settlements for eight clients and winning judgments totaling $285 million in five lawsuits, we most recently won on behalf of the Nebraska Public Power District—defeating the last major argument advanced by the U.S. government to excuse its failure to perform.

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