What Will be the Lessons of Fukushima?
Nuclear Waste Is Piling Up
Jay Silberg Discusses the Government's Nuclear Waste Disposal Contract Breach with Bloomberg BNA
No Excuses: Appeals Court Says DOE Can't Claim "Unavoidable Delay" to Escape Liability for Failing to Take Utilities' Spent Nuclear Fuel
U.S. Can't Cite Delays to Defend Nuclear Waste Suits
Jay E. Silberg
Mr. Silberg, a partner of Pillsbury's Energy Group, represents electric utility companies, governmental entities, architect-engineer firms, utility groups, nuclear consulting companies, and other organizations involved in nuclear matters. On behalf of these clients, Mr. Silberg has appeared before the Nuclear Regulatory Commission (NRC), the U.S. Department of Energy (DOE), state regulatory commissions, Congress, and the courts. He has extensive experience in all aspects of nuclear law.
Mr. Silberg has participated in numerous proceedings before the NRC involving combined licenses, construction permits, operating licenses, license amendments, and license transfer and decommissioning approvals. Mr. Silberg also represents clients in civil and criminal enforcement proceedings, NRC rulemaking actions, as well as in informal licensing interactions with the NRC technical and legal staff and management. As a consultant, he advised the U.S. Department of State on a light water reactor project and the DOE on license renewal and advanced light water reactor issues. He has handled dozens of judicial appeals, arguing before the U.S. Courts of Appeals for the Second, Sixth, Ninth, Eleventh, Federal and District of Columbia Circuits.
On nuclear waste issues, Mr. Silberg has represented U.S. utilities and industry groups in overseeing the DOE's implementation of the Nuclear Waste Policy Act; participated in NRC and DOE licensing and rulemaking activities, legislative efforts, policy development, contracting, and litigation and serves as licensing counsel for a number of spent fuel storage projects, including the proposed Private Fuel Storage facility. NRC materials licensees concerned with the production, storage, decommissioning and disposal of nuclear materials, including their export and import, also have relied on Mr. Silberg's advice. Mr. Silberg has been lead counsel for the electric utilities in the lawsuits to establish and enforce DOE's obligation to dispose of the nation's commercial spent nuclear fuel.
Mr. Silberg has participated in numerous nuclear contract negotiations, involving nuclear reactors and components, as well as all aspects of the nuclear fuel cycle. He has also advised his clients on DOE loan guarantees for new nuclear reactors.
Prior to joining the firm, Mr. Silberg served as a lawyer in the U.S. Atomic Energy Commission, Office of the General Counsel, from 1966 to 1969.
In addition to serving on the Lawyers Committee of the Nuclear Energy Institute, Mr. Silberg served as Chair of the Committee on Nuclear Technology and Law of the Association of the Bar of the City of New York. Mr. Silberg frequently lectures on nuclear energy issues and has made presentations to the American Bar Association, the Atomic Energy Licensing and Regulation Conference of the American Law Institute-American Bar Association, the U.S. Chamber of Commerce/Brookings Institution Congressional briefing, the Nuclear Energy Institute Fuel Cycle Forum, the International High-Level Radioactive Waste Management Conference, the National Energy Law and Policy Legal Conference, the Institute for Nuclear Materials Management, and the American Society for Quality Control. He is the author of the published article, "Storage and Disposal of Radioactive Waste."
In May 2005, Mr. Silberg was recognized in the Legal Times, "Leading Lawyers - Ten of the D.C. Area's Top Energy Attorneys in Energy Law: a Practice Focus," as one of the top ten go-to attorneys when the power industry needs counsel and advice and the only nuclear energy lawyer to be listed. Mr. Silberg was referred to as one of "the law's ultimate power players."
- Chambers Global, Energy: Nuclear-Regulatory & Litigation—USA (2008-2013)
- Chambers USA, Energy: Nuclear-Regulatory—National (2007-2012)
- Best Lawyers in America, Energy Law (2010-2013)
- Burton Award for Excellence in Legal Writing (2010)
- Guide to the World's Leading Energy Lawyers, Euromoney/Legal Media Group (2007-2009)
- Leading Lawyers – Ten of the DC Area's Top Energy Attorneys in Energy Law: a Practice Focus, Legal Times (2005)
U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, District of Columbia and Federal Circuits; U.S. District Court for the District of Columbia; U.S. Court of Federal Claims; New Jersey Supreme Court
Alabama Power Co. v. DOE, 307 F.3d 1300 (11th Cir. 2002)
American Public Power Ass’n v. Nuclear Regulatory Commission, 990 F.2d 1309 (D.C. Cir. 1993)
BPI v. Atomic Energy Commission, 502 F.2d 424 (D.C. Cir. 1974)
Brooks v. Atomic Energy Commission, 476 F.2d 924 (D.C. Cir. 1973)
Bullcreek v. NRC, 359 F.3d 536 (D.C. Cir. 2004)
Bullcreek v. NRC, 360 F.3d 184 (D.C. Cir. 2004)
Calvert Cliffs’ Coordinating Committee, Inc. v. AEC, 449 F.2d 1109 (D.C. Cir. 1971)
Citizens For a Safe Environment v. Atomic Energy Commission, 489 F.2d 1018 (3d Cir. 1974)
Coalition for Environment v. Nuclear Regulatory Commission, 795 F.2d 168 (D.C. Cir. 1986)
Commonwealth of Massachusetts v. United States, 856 F.2d 378 (1st Cir. 1988)
Commonwealth Edison Co. v. DOE, 877 F. 2d 1042 (D.C. Cir. 1989)
Consolidated Edison Co. of N.Y. v. DOE, 870 F.2d 694 (D.C. Cir. 1989)
Delmarva Power & Light v. U.S., 542 F.3d 889(Fed. Cir. 2008), cert. den. 129 S. Ct. 2050 (2009)
Indiana Michigan Power Co. v. DOE, 88 F.3d 1272 (D.C. Cir. 1996)
Indiana Michigan Power Co. v. U.S., 422 F.3d 1369 (Fed. Cir. 2005)
Mid-America Coalition for Energy Alternatives v. Nuclear Regulatory Commission, 12 ERC 1718 (D.C. Cir. 1979)
National Association of Regulatory Utility Commissioners v. DOE, 851 F.2d 1424 (D.C. Cir. 1988)
National Association of Regulatory Utility Commissioners v. DOE, 405 Fed. Appx. 507 (D.C. Cir. 2010)
National Association of Regulatory Utility Commissioners v. DOE, 680 F. 3d 819 (D.C. Cir. 2012).
National Association of Regulatory Utility Commissioners v. DOE, D.C. Cir Nos. 11-1066 and 1068 (pending)
Nebraska Public Power District v. U.S., 590 F. 3d 1357 (Fed. Cir.) (en banc)
Nevada v. Watkins, 943 F.2d 1080 (9th Cir. 1991), cert. denied, 499 U.S. 906 (1991)
Nevada v. Watkins, 914 F.2d 1545 (9th Cir. 1990), cert. denied, 111 S. Ct. 1105 (1991)
New England Coalition on Nuclear Pollution v. Nuclear Regulatory Commission, 727 F.2d 1127 (D.C. Cir. 1984), cert. denied, 475 U.S. 1082 (1986)
New England Power Company v. Nuclear Regulatory Commission, 683 F. 2d 12 (1st. Cir. 1982)
Northern States Power Co. v. DOE, No. 94-1457 (D.C. Cir.)
Northern States Power Co. v. DOE, 128 F.3d 754 (D.C. Cir. 1997), cert. denied, 525 U.S. 1016 (1998)
Northern States Power Co. v. United States, 224 F.3d 1361 (Fed. Cir. 2000), reh’g denied, No. 99-5096, U.S. App. LEXIS 34019 (Fed. Cir. Dec. 12, 2000)
Ohngo Gaudadeh Devia v. NRC, 492 F. 3d. 421 (D.C. Cir. 2007)
PSEG Nuclear v. U.S., 465 F.3d 1343 (Fed Cir. 2006)
Riverkeeper, Inc. v. Collins, 359 F.3d 156 (2d Cir. 2004)
Safe Energy Coalition v. Nuclear Regulatory Commission, 866 F.2d 1473 (D.C. Cir. 1989)
Shieldalloy Metallurgical Corp. v. NRC, 624 F. 3d 489 (D.C. Cir. 2010)
Skull Valley Band of Goshute Indians v. Nielsen, 376 F.3d. 1223 (10th Cir. 2004)
State of Ohio, ex. Rel. Celebrezze v. Nuclear Regulatory Commission, 868 F. 2d 810 (6th Cir. 1989)
State of Ohio v. Nuclear Regulatory Commission, 814 F. 2d 258 (6th Cir. 1987)
State of Ohio, ex rel. Celebrezze v. Nuclear Regulatory Commission, 812 F.2d 288 (6th Cir. 1987)
Systems Fuels, Inc. v. U.S., 666 F. 3d 1306 (Fed. Cir. 2012)
Tennessee v. Herrington, 806 F.2d 642 (6th Cir. 1986), cert. denied, 107 S. Ct. 1604 (1987)
Union of Concerned Scientists v. Nuclear Regulatory Commission, 920 F.2d 50 (D.C. Cir. 1990)
Wisconsin Electric Power Co. v. DOE, 778 F.2d 1 (D.C. Cir. 1985)