Constitutional Law Keyed to Feldman
Pacific Gas & Elec. Co. v. State Energy Resources Conservation & Development Comm’n
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In 1976, California adopted a law that imposed a moratorium on the certification of nuclear energy plants within the state until the Defendant, State Energy Resources Conservation and Development Commission, approves of the means for disposal of the waste. Plaintiff, Pacific Gas & Electric Company (PG &E), sought a declaratory judgment that this provision was preempted by the federal Atomic Energy Act (AEA) of 1954, and therefore invalid under the supremacy clause. The District Court granted the injunctive relief and the Court of Appeals reversed.
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