Virginia Uranium, Inc. v. Warren
Issues
Does the Atomic Energy Act preempt Virginia’s ban on uranium mining where that ban on its face regulates an activity falling under state jurisdiction but could potentially regulate radiological safety hazards falling under federal jurisdiction?
This case asks the Supreme Court to discern the scope of the Atomic Energy Act of 1954 (“AEA”) and determine whether the federal law preempts a state ban on uranium mining. The AEA regulates nuclear materials and facilities in order to promote the safe development and use of atomic energy. Virginia Uranium contends that the AEA preempts a Virginia state ban on uranium mining. The Commonwealth of Virginia counters that the AEA is silent on uranium deposits situated on nonfederal land. The outcome of this case has broad implications for the United States’ nuclear industry, national security, and national economy, as well as the future of the preemption doctrine.
Questions as Framed for the Court by the Parties
Does the AEA preempt a state statute that on its face regulates an activity within the regulatory jurisdiction of the States (here uranium mining), but has the purpose and effect of regulating the radiological safety hazards of activities within the jurisdiction of the Nuclear Regulatory Commission (here, the milling of uranium ore after it is mined and the management of the resulting uranium tailings)?
Shortly after the second World War, Congress enacted the Atomic Energy Act of 1954 (the “AEA”), which regulates both civilian and military uses of nuclear materials in the United States and promotes the safe use of atomic energy. Virginia Uranium, Inc. v.
Edited by
Additional Resources
- Timothy Cama, Supreme Court to Consider Challenge to Virginia Uranium Mining Ban, The Hill (May 21, 2018).
- Andrew Chung, U.S. Top Court Takes Up Challenge to Virginia Uranium Mining Ban, Reuters (May 21, 2018).
- Sara Reardon, Science and the Supreme Court: Cases to Watch in 2018, Nature (October 4, 2018).