DUKE POWER CO.
v.
CAROLINA ENVIRONMENTAL STUDY GROUP, INC., ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 20, 1978.
Decided June 26, 1978.
Attorney(s) appearing for the Case
Steve C. Griffith, Jr., argued the cause for appellant in No. 77-262. With him on the briefs were Joseph B. Knotts, Jr., and William Larry Porter. Solicitor General McCree argued the cause for appellants in No. 77-375. With him on the briefs were Assistant Attorney General Babcock, Deputy Solicitor General Jones, Harriet S. Shapiro, Robert E. Kopp, Thomas G. Wilson, Jerome Nelson, and Stephen F. Eilperin.
William B. Schultz argued the cause for appellees in both cases. With him on the brief were Alan B. Morrison, George Daly, Norman B. Smith, and Jonathan R. Harkavy.†
William J. Brown, Attorney General, and E. Dennis Murchnicki, Assistant Attorney General, filed a brief for the State of Ohio as amicus curiae urging affirmance.
Briefs of amici curiae were filed by Bronson C. La Follette, Attorney General of Wisconsin, and Patrick Walsh, Assistant Attorney General, Eldon G. Kaul, Assistant Attorney General of Minnesota, and Carl Valore, Jr., for the State of Wisconsin et al.; and by Herbert H. Brown, Gilbert C. Miller, and Lawrence Coe Lanpher for the Resources Agency, State of California.
Supreme Court of United States.
MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.
These appeals present the question of whether Congress may, consistent with the Constitution, impose a limitation on liability for nuclear accidents resulting from the operation of private nuclear power plants licensed by the Federal Government.
I
A
When Congress passed the Atomic Energy Act of 1946, it contemplated that the development...
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