Pacific Gas & Electric v. State Energy Resources Commission
Citation
461 U.S. 190 (1983)
Facts
California imposed a moratorium on the certification of new nuclear power plants until the State Energy Resources Conservation and Development Commission determined that there was a demonstrated means of disposing of nuclear waste. Pacific Gas & Electric challenged the moratorium as preempted by the Atomic Energy Act, which gave the NRC exclusive authority over nuclear safety.
Issue
Whether California’s nuclear plant moratorium is preempted by federal nuclear energy law.
Holding
The Court upheld the California moratorium, finding it was motivated by economic concerns about waste disposal rather than safety concerns, which the federal government had not preempted.
Rule
When Congress does not occupy a field completely, states may regulate aspects not preempted as long as they do not conflict with federal law; state economic regulation of nuclear energy is not preempted by federal safety regulation.