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3 Ariz. J. Envtl. L. & Pol'y 1 (2012-2013)

handle is hein.journals/arijel3 and id is 1 raw text is: How, WHY, AND WHEN THE U.S. SUPREME COURT
SUPPORTS NUCLEAR POWER
Sheldon L. Trubatch
This review of U.S. Supreme Court cases involving nuclear power and related ancillag issues shows
a clear evolution in the bases for judicial decision making over time. Initially, the Court relied heavily on
federal preemption to implement Congre's intent to promote nuclear power, and deferred to safety and
environmental decisions by the Atomic Energy Commission and its regulato       successor, the Nuc/ear
Regulator Commission. However, as the composition of the Court changed and the issues involved greater
challenges to federal preemption, the Court has held in favor of states' nghtr in areas not directly related to
health and safet' matters regarding radioactivity. Tojustf/j' these decisions, the justices claimed thej did not
adversely impact Congress's intent to promote nuclear power.

Managing Member, The Regulatory Strategy Group, L.L.C.; Adjunct Professor, University
of Arizona James E. Rogers College of Law. Since graduating from the Columbia University School
of Law, Dr. Trubatch has practiced law in firm, corporate, and government settings, including serving
as acting solicitor for the U.S. Nuclear Regulatory Commission. He has successfully briefed and
argued several administrative and environmental law cases involving technical and legal matters in the
U.S. Courts of Appeals and negotiated complex federal organizational conflict-of interest matters
related to government contracts. Prior to becoming a lawyer, Dr. Trubatch obtained a Ph.D. in
theorefical physics from Brandeis University and was an associate professor of physics at California
State University, Long Beach.

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