Nuclear Power and Preemption: Opportunities for State Regulation

This Note proposes that federal preemption should not be deemed to bar state regulations which further federal goals by imposing more stringent demands upon the regulated subject matter. Additionally, however, valid state regulations must further a demonstrable public health and safety interest of the state, and must not be explicitly barred by a valid congressional declaration of exclusive federal authority. This view of preemption would permit a state to implement a policy reflecting the federal balance between strict safety regulation of nuclear power and encouragement of the continued development of atomic energy. Thus, stricter regulations would be within the permissible scope of state authority, while an effective ban of nuclear facilities would not.