Nuclear Energy

Kraemer Burns has successfully litigated a number of cases for clients in the nuclear industry.

On behalf of a nuclear industry client we challenged an ordinance in which one of New Jersey's counties declared itself to be a "nuclear free zone" barring all nuclear activities within in borders. Our challenge was sustained by the United States District Court on grounds that the ordinance was preempted both by the Atomic Energy Act and the Commerce Clause of the United States Constitution.

On behalf of a process irradiator we sued its former CEO for damages sustained during the period that the NRC had suspended its license for violations attributable to the former CEO. After obtaining a summary judgment against the former CEO as to liability we next pursued a complex damages trial and ultimately obtained a substantial judgment for damages sustained during the period of license suspension. As part of the proofs we had to explain the physics of the decaying source with nothing coming before it for processing.

On behalf of another process irradiating client we handled a real estate tax appeal in which we took the position that the client's facility was obsolete and of no value other than the value of an ordinary industrial building less the cost of removing the nuclear equipment. We settled the case at that low valuation.

While we do not handle regulatory matters before the NRC and are not nuclear energy law specialists, we have dealt with issues related to nuclear energy and are comfortable dealing with matters projecting those issues. We would be pleased to assist or serve as local counsel to a client's regular counsel and given our familiarity with the area, we can be up to speed quickly.