Nucler power and state radiation protection measures: the impotence of preemption
The doctrine of Federal preemption over state environmental laws (established mainly in the opinion of the Eighth Circuit Court of Appeals in Northern States Power Company verses Minnesota) is examined and found to be impotent because neither state nor Federal statutes promote nuclear power. The objective of each is to protect public health and safety by limiting radiation in the environment. The major environmental laws are reviewed and no evidence is found for Federal supremacy over state measures in siting and certifying nuclear power plants. The decisions reached in recent lawsuits have not extended preemption rights over states, but have characterized state measures obstructing nuclear project as protection against radiation hazards. 304 references. (DCK)
- OSTI ID:
- 5492797
- Journal Information:
- Environ. Law; (United States), Journal Name: Environ. Law; (United States) Vol. 10:1; ISSN EVLWA
- Country of Publication:
- United States
- Language:
- English
Similar Records
Preemption - atomic energy
Regulating the disposal of nuclear waste
Related Subjects
210700 -- Nuclear Power Plants-- Regulation & Licensing
22 GENERAL STUDIES OF NUCLEAR REACTORS
220501 -- Nuclear Reactor Technology-- Environmental Aspects-- Siting
220900 -- Nuclear Reactor Technology-- Reactor Safety
29 ENERGY PLANNING, POLICY, AND ECONOMY
290600* -- Energy Planning & Policy-- Nuclear Energy
61 RADIATION PROTECTION AND DOSIMETRY
655001 -- Medical Physics-- Radiation Protection Standards
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
HAZARDS
HEALTH HAZARDS
IMPLEMENTATION
LAWS
LAWSUITS
LEGISLATION
LICENSING
NATIONAL GOVERNMENT
NUCLEAR FACILITIES
NUCLEAR POWER PLANTS
POWER PLANTS
PUBLIC HEALTH
RADIATION HAZARDS
RADIATION PROTECTION LAWS
REGULATIONS
SITE SELECTION
STATE GOVERNMENT
THERMAL POWER PLANTS