Preemption Flashcards
(2 cards)
Pacific Gas & Electric v. State Energy Resources
F:
Congress’ act regulates the Nuclear power
industry. California’s act conditions the
construction of nuclear plants that adequate
storage facilities and
means of disposal are available for nuclear
waste. Two statutes,
both of which touch
nuclear energy.
R:
State law is preempted if it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Preemption
State law is preempted to the extent it conflicts with federal law. State law conflicts with federal law if (1) compliance with both state and federal regulations is a physical impossibility, or (2) the state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Pacific Gas & Electric.
