Nuclear Intentions and Implied Preemption : How Energy Nuclear Vermont Yankee, LLC v. Shumlin Gives Indian Point a Fighting Chance to Stay in Business
The New York State Department of Environmental Conservation ("NYSDEC") has denied subsidiaries of the Entergy Corporation a Clean Water Act Section 401 Water Quality Certificate for the cooling systems at the Indian Point Energy Center. This action effectively forces Entergy to construct cooling towers to continue operating, and might force Entergy to close the nuclear power plant because the cost of building new cooling systems would be prohibitively expensive. Federal law might preempt NYSDEC's action, however, because the Atomic Energy Act implies that the federal government has exclusive regulatory authority over the radiation hazards of nuclear power plants. This Comment argues that the present legitimacy of NYSDEC's action depends upon the past policy considerations that drove the decision-making process. If NYSDEC denied the Water Quality Certificate with the intention of regulating radiation hazards, then the Atomic Energy Act should preempt the state's denial But the law might not preempt NYSDEC's action provided the agency made its water quality certification decision as a legitimate exercise of New York State's powers under the Clean Water Act. The ultimate outcome might hinge upon the decision of a similar case, Entergy Nuclear Vermont Yankee, LLC v. Shumlin, which was decided by the Federal District Court for the District of Vermont and recently affirmed in part by the United States Court of Appeals for the Second Circuit
Year of publication: |
2018
|
---|---|
Authors: | Mason, Zachary |
Publisher: |
[S.l.] : SSRN |
Subject: | Indien | India | Kernenergie | Nuclear energy | Kernenergiepolitik | Nuclear energy policy | Nuklearindustrie | Nuclear industry |
Saved in:
freely available
Extent: | 1 Online-Ressource (30 p) |
---|---|
Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: American University Business Law Review, Vol. 3, No. 1, 197 Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 2014 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014114937
Saved in favorites
Similar items by subject
-
Exploring gender perceptions of nuclear energy in India
Govindan, Mini, (2021)
-
Perspectives of India's nuclear policy
Poulose, Thottipparambil Thomas, (1978)
-
Nuclear policy of India : a Third World perspective
Pathak, K. K., (1980)
- More ...