Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission
1983 United States Supreme Court case / From Wikipedia, the free encyclopedia
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In Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, 461 U.S. 190 (1983), the United States Supreme Court held that a state statute regulating economic aspects of nuclear generating plants was not preempted by the federal Atomic Energy Act of 1954.[1] The case provides a framework that has guided other cases involving preemption of federal authority.
Quick Facts Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission, Argued January 17, 1983 Decided April 20, 1983 ...
Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission | |
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Argued January 17, 1983 Decided April 20, 1983 | |
Full case name | Pacific Gas & Electric Co., et al. v. State Energy Resources Conservation and Development Commission, et al. |
Citations | 461 U.S. 190 (more) 103 S. Ct. 1713; 75 L. Ed. 2d 752; 1983 U.S. LEXIS 25 |
Case history | |
Prior | Pacific Legal Found. v. State Energy Resources Conservation & Dev. Comm'n, 472 F. Supp. 191 (S.D. Cal. 1979); Pacific Gas & Electric Co. v. State Energy Resources Conservation & Dev. Comm'n, 489 F. Supp. 699 (E.D. Cal. 1980); reversed, Pacific Legal Found. v. State Energy Resources Conservation & Dev. Comm'n, 659 F.2d 903 (9th Cir. 1982); cert. granted, 457 U.S. 1132 (1982). |
Holding | |
States are not preempted by the Atomic Energy Act of 1954 from enacting a moratorium on new nuclear generating plants until the federal government has approved and there exists a means for the disposal of high-level radiological waste. | |
Court membership | |
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Case opinions | |
Majority | White, joined by Burger, Brennan, Marshall, Powell, Rehnquist, O'Connor |
Concurrence | Blackmun, joined by Stevens |
Laws applied | |
Atomic Energy Act of 1954, 42 U.S.C. §§ 2011-2282; Cal. Pub. Res. Code § 25524.1(b) |
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