Preemption - atomic energy
While waiting for the federal government to develop a nuclear waste disposal strategy, California enacted legislation that bans the construction of nuclear reactors until permanent disposal technology for high-level wastes is demonstrated and approved. The US Supreme Court upheld this prohibition in Pacific Gas and Electric Co. v. State Energy Resources Conservation and Development Commission. The Court found that the California law did not attempt to regulate the construction or operation of a nuclear plant nor to infringe on federal regulation of radiation safety and nuclear wastes. The moratorium is a legitimate move by the state to avoid economic uncertainties. Federal preemption of the law would empower utilities to determine state energy needs and programs. 131 references.
- OSTI ID:
- 6410427
- Journal Information:
- Nat. Resour. J.; (United States), Vol. 24:3
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
29 ENERGY PLANNING
POLICY AND ECONOMY
12 MANAGEMENT OF RADIOACTIVE AND NON-RADIOACTIVE WASTES FROM NUCLEAR FACILITIES
CALIFORNIA
NUCLEAR POWER PLANTS
HIGH-LEVEL RADIOACTIVE WASTES
RADIOACTIVE WASTE DISPOSAL
CONSTRUCTION
PUBLIC POLICY
CASE LAW
LAWSUITS
STATE GOVERNMENT
FEDERAL REGION IX
LAWS
MANAGEMENT
MATERIALS
NORTH AMERICA
NUCLEAR FACILITIES
POWER PLANTS
RADIOACTIVE MATERIALS
RADIOACTIVE WASTES
THERMAL POWER PLANTS
USA
WASTE DISPOSAL
WASTE MANAGEMENT
WASTES
210801* - Nuclear Power Plants- Economics- Construction & Operation- (-1987)
210700 - Nuclear Power Plants- Regulation & Licensing
290600 - Energy Planning & Policy- Nuclear Energy
052002 - Nuclear Fuels- Waste Disposal & Storage