New opportunities for state participation in the control of radioactive pollution

Journal Article · Wed Jan 01 04:00:00 EST 1975 · Chicago-Kent Law Review; (United States)

OSTI ID:6046191

Fabrizio, J F

State governments have expressed a strong desire to regulate the environmental aspects of atomic energy production, but have been prevented from assuming any role by the belief that the Atomic Energy Act of 1954 pre-empted the states' power in this area. Even though Congress has the power to preclude the states from exercising any control over atomic waste disposal, it has never expressly done so; rather, the courts have imputed this intent to Congress. Two developments which may open the door to state regulation are reviewed. The first is the passage of the 1972 Amendments to the Federal Water Pollution Control Act (FWPCA), which seemingly takes from the Atomic Energy Commission (AEC) and gives to the Environmental Protection Agency (EPA) the responsibility for control of certain radioactive materials; also under the FWPCA, the states are expressly authorized to impose stricter performance standards than the EPA. The second development is the court decision upholding the interpretation that the FWPCA conferred jurisdiction on the EPA to regulate the discharge of radioactive waste materials into navigable waters.It is concluded that there is a small possibility that the states may be allowed to play a role in atomic energy pollution control, but their role will depend upon further court and Congressional action.

• OSTI ID: 6046191
• Journal Information: Chicago-Kent Law Review; (United States), Journal Name: Chicago-Kent Law Review; (United States) Vol. 52:1
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
290600 -- Energy Planning & Policy-- Nuclear Energy
500300 -- Environment
Atmospheric-- Radioactive Materials Monitoring & Transport-- (-1989)
510300 -- Environment
Terrestrial-- Radioactive Materials Monitoring & Transport-- (-1989)
520300* -- Environment
Aquatic-- Radioactive Materials Monitoring & Transport-- (1989)
54 ENVIRONMENTAL SCIENCES
DECISION MAKING
FEDERAL WATER POLLUTION CONTROL ACT
INSTITUTIONAL FACTORS
LAWS
MONITORING
NUCLEAR FACILITIES
POLITICAL ASPECTS
POLLUTION CONTROL
POLLUTION LAWS
RADIATION MONITORING
RADIOACTIVE MATERIALS
RADIOACTIVE WASTES
REGULATIONS
STATE GOVERNMENT
WASTES