Pacific G & E Co. v. State Energy Res. C & D Com.

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Pacific G & E Co. v. State Energy Res. C & D Com. - Oral Argument
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Pacific G & E Co. v. State Energy Res. C & D Com. - Opinion Announcement
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Advocates
Louis F. Claiborne (Argued the cause for the United States as amicus curiae urging reversal)
John R. McDonough (Argued the cause for the petitioners)
Laurence H. Tribe (Argued the cause for the respondents)
John R. Mc Donough (on behalf of the Petitioners)
Case Basics
Docket No.: 
81-1945
Petitioner: 
Pacific G & E Co.
Respondent: 
State Energy Res. C & D Com.
Decided By: 
Burger Court (1981-1986)
Opinion: 
461 U.S. 190 (1983)

Cite this page
The Oyez Project, Pacific G & E Co. v. State Energy Res. C & D Com. , 461 U.S. 190 (1983)
available at: (http://oyez.org/cases/1980-1989/1982/1982_81_1945)
Facts of the Case: 

A California law dictated that before additional nuclear power plants could be built, the state energy commission had to determine that there would be adequate storage capacity for spent fuel rods. Two utility companies challenged the law, arguing that its provisions had been preempted by the federal Atomic Energy Act of 1954.

Question: 

Did the California law unconstitutionally intrude into areas of federal authority as defined by the Atomic Energy Act?

Conclusion: 

In a unanimous decision, the Court held that the California law did not impinge upon congressional authority. The Court found that because the rationale for enacting the law was an economic one, it did not interfere with federal regulations governing nuclear safety. The Court held that Congress had left "sufficient authority in the states to allow the development of nuclear power to be slowed or even stopped for economic reasons" and that the courts should not rework the division of regulatory authority created by Congress.

Decisions

Decision: 9 votes for State Energy Res. C & D Com., 0 vote(s) against
Legal provision: Atomic Energy

Sort by Ideology

Voted with the majority
Burger
Voted with the majority
Brennan
Wrote the majority opinion
White
Voted with the majority
Marshall
Wrote a special concurrence
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Voted with the majority, joined Blackmun's concurrence
Stevens
Voted with the majority
O'Connor

Full Opinion by Justice Byron R. White