ELR Citation: ELR 20451
No(s). 71-1093 (8th Cir. Sep 7, 1971)

Congress has, by implication, preempted the field with respect to regulating radioactive waste releases from nuclear power plants thereby obviating the need for power company to comply with stricter state standards. [See district court decision at 1 ELR 20218.] Key statutory provision under Atomic Energy Act is 42 U.S.C. §2021(c), which prohibits AEC from discontinuing authority and responsibility with respect to regulation of specified activities including "the construction and operation of any production or utilization facility." Majority also impressed with report of Joint Committee on Atomic Energy, which concluded that the Act left no concurrent jurisdiction between federal government and states regarding control of radiation hazards, with similar testimony of many expert witnesses before committee and with AEC's own interpretation of its powers. Dissent reads same provisions as prohibiting only AEC abdication from establishment of minimal radiological standards.

Counsel for the Plaintiff:
Edward J. Schwartzbauer
William J. Hempel
Dorsey, Marquart, Windhorst, West & Halladay
2400 First National Bank Building
Minneapolis, MN 55402
(612) 333-2151

Donald E. Nelson
414 Nicollet Mall
Minneapolis, MN 55401
(612) 330-6644

Counsel for Defendants:
Douglas M. Head Minnesota Attorney General
G. Robert Johnson Special Assistant Attorney General
717 Delaware Street, S.E.
Minneapolis, MN 55440
(612) 339-8571

Counsel for Maryland:
Francis B. Burch Attorney General
Thomas M. Downs Assistant Attorney General
State Office Building
Annapolis, MD 21401
(301) 267-5351

Counsel for Michigan:
Frank J. Kelley Attorney General
Jerome Maslowski Assistant Attorney General
630 Seven Story Office Building
525 West Ottawa
Lansing, MI 48902
(517) 373-1130

Counsel for Pennsylvania:
Fred Speaker Attorney General
William M. Gross Assistant Attorney General
709 Health & Welfare Building
Harrisburg, PA 17120
(717) 787-2837

Counsel for Vermont:
James M. Jeffords Attorney General
State Office Building
Montpelier, VT
(802) 223-2311

Counsel for Virginia:
Andrew P. Miller Attorney General
Gerald L. Baliles
Randolph E. Throw Jr., Assistant Attorneys General
Supreme Court Building
Richmond, VA 23219
(703) 770-2071

Counsel for Wisconsin:
Robert W. Warren Attorney General
William F. Eich Assistant Attorney General
114 East, State Capitol
Madison, WI 53702
(608) 266-1221

Counsel for the Southern Governors Conference:
A.M. Witte
University of Arkansas School of Law
Fayetteville, AR 72701
(501) 575-2000

Don S. Smith
Justice Building
Little Rock, AR 72201
(501) 666-1315

Before Matthes, Chief Judge, Van Oosterhout and Bright, Circuit Judges.