State regulation of nuclear power and national energy policy
In April 1983 and January 1984, the United States Supreme Court rendered two decisions that redefined the metes and bounds of federal preemption of commercial nuclear power plant regulation. In Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission (PG&E), the court decided that the Atomic Energy Act of 1954, as amended (the Act), did not preempt a California state law that established a moratorium on commercial nuclear power plant construction. In Silkwood v. Kerr-McGee Corporation, the Court also decided that the Act did not preempt a claim for damages under state tort law for radiological injuries suffered in a nuclear fuel facility regulated by the United States Nuclear Regulatory Commission (NRC). The two decisions redefined the extent of federal preemption, under the Act and other federal law, of nuclear plant regulation as well as the extend of state regulation of nuclear plants. In the eight years since PG&E and Silkwood, numerous other developments have eroded further the breadth of federal preemption of commercial nuclear power plant regulation. This Article explores the developments, since PG&E and Silkwood, that have expanded further the scope of state and local regulation of commercial nuclear power plants. Specifically, the Article first identifies the extent of state and local participation in nuclear power regulation provided by the Act and other federal loan relevant to commercial nuclear power. Second, it discusses in detail the PG&E and Silkwood decisions. The Article also considers the impact of seven specific developments on the legislative implementation of a national energy policy that contemplates a role for nuclear power.
- OSTI ID:
- 458769
- Journal Information:
- Journal of Energy, Natural Resources amp Environmental Law, Journal Name: Journal of Energy, Natural Resources amp Environmental Law Journal Issue: 1 Vol. 12; ISSN 1053-377X; ISSN JENLFS
- Country of Publication:
- United States
- Language:
- English
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