United States Federal Circuit

In a breach of contract case stemming from contracts entered into with the Department of Energy under the Nuclear Waste Policy Act of 1982 (NWPA), the decision of the U.S. Court of Federal Claims that it lacked jurisdiction over the claims is reversed where the court possesses subject matter jurisdiction under the Tucker Act, 28 U.S.C. section 1491(a)(1).

Appellate Information

• Decided 09/29/2006
• Published 09/29/2006

Judges

• PROST, Circuit Judge., Before LOURIE, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jay E. Silberg, Pillsbury Winthrop Shaw Pittman LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Alex D. Tomaszczuk, Daniel S. Herzfeld, and Jack Y. Chu, of McLean, Virginia., Jerry Stouck, Greenberg Traurig, LLP, of Washington, DC, for amici curiae.   With him on the brief was Robert L. Shapiro.


• For Appellees:
  
• Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Alan J. Lo Re, Senior Trial Counsel;  and Heide L. Herrmann, Trial Attorney.   Of counsel was Jane K. Taylor, United States Department of Energy, of Washington, DC.