Pacific Gas & Electric Co. v. Energy Resources Commission
"swords Into Plowshares", Pacific Gas Takes On The Energy Commission, An Economic Issue, Not A Safety Issue
Pacific Gas & Electric Company
State Energy Resources Conservation and Development Committee of California
That two California statutes governing development of nuclear power plants were preempted by the federal Atomic Energy Act of 1954 and were thus invalid under the Supremacy Clause of the Constitution.
Chief Lawyer for Petitioner
John R. McDonough
Chief Lawyer for Respondent
Laurence H. Tribe
Justices for the Court
Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, Thurgood Marshall, Lewis F. Powell, Jr., William H. Rehnquist, Sandra Day O'Connor, John Paul Stevens, Byron R. White (writing for the Court)
Date of Decision
20 April 1983
The Court having judged that one of the two statutes was not ripe for review, held that the remaining California law did not conflict with the authority of the federal government because it addressed issues of economics, not nuclear safety.
Pacific Gas & Electric Co. v. Energy Resources Commission provides a judicial framework for evaluating the limits of state and federal law with regard to specific areas of authority. In its review of the case, the Court applied a test--assessing the conflict, if any, between state and federal policies--that promised to offer guidelines for other cases involving preemption of federal authority.
- Power Reactor Development Co. v. Electrical Workers, 367 U.S. 396 (1961).
- Metropolitan Edison v. People Against Nuclear Energy, 460 U.S. 766 (1983).
- Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984).
- New York v. United States, 505 U.S. 144 (1992).
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- Pacific Gas Electric Co. v. Energy Resources Commission - "swords Into Plowshares"
- Pacific Gas Electric Co. v. Energy Resources Commission - Further Readings
- Pacific Gas Electric Co. v. Energy Resources Commission - Pacific Gas Takes On The Energy Commission
- Pacific Gas Electric Co. v. Energy Resources Commission - An Economic Issue, Not A Safety Issue
- Pacific Gas Electric Co. v. Energy Resources Commission - Blackmun Upholds The Principle Of A Safety Moratorium
- Pacific Gas Electric Co. v. Energy Resources Commission - Impact
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