What is the “constitutionality of the Energy Policy Act of 1992, . . . which imposes special monetary assessments on domestic utilities for the remediation of environmentally contaminated uranium processing facilities owned by the United States[?]”
“On the merits, we conclude that requiring plaintiff Commonwealth Edison Company (‘Edison’) and the other domestic utilities that benefited from the uranium processing services to contribute to the remediation costs does not constitute a Fifth Amendment taking because the Takings Clause does not apply to legislation requiring the payment of money. We also conclude that the Act does not violate the Due Process Clause of the Fifth Amendment.”
