PACIFIC GAS & ELECTRIC CO. ET AL.
v.
STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 17, 1983.
Decided April 20, 1983.
Attorney(s) appearing for the Case
John R. McDonough argued the cause for petitioners. With him on the briefs was Howard B. Soloway.
Deputy Solicitor General Claiborne argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Lee, Assistant Attorney General McGrath, John H. Garvey, Leonard Schaitman, and Al J. Daniel, Jr.
Laurence H. Tribe argued the cause for respondents. With him on the brief were Roger Beers, William M. Chamberlain, Dian Grueneich, and Ralph Cavanagh.*
Briefs of amici curiae urging affirmance were filed for the State of Alaska et al. by Robert Abrams, Attorney General of New York, Peter H. Schiff, and Ezra I. Bialik, Assistant Attorney General; Wilson L. Condon, Attorney General of Alaska, and Douglas K. Mertz, Assistant Attorney General; Robert K. Corbin, Attorney General of Arizona, and Anthony B. Ching, Solicitor General; John Steven Clark, Attorney General of Arkansas; Tany S. Hong, Attorney General of Hawaii, and Michael A. Lilly, First Deputy Attorney General; Robert T. Stephan, Attorney General of Kansas, Robert Vinson Eye, Assistant Attorney General, and Brian J. Moline; William J. Guste, Jr., Attorney General of Louisiana, and Kendall L. Vick, Assistant Attorney General; Warren Spannaus, Attorney General of Minnesota, and Jocelyn F. Olson, Special Assistant Attorney General; Bill Allain, Attorney General of Mississippi, and Mack Cameron, Special Assistant Attorney General; Mike Greely, Attorney General of Montana, and Mike McGrath, Assistant Attorney General; Richard H. Bryan, Attorney General of Nevada, and Larry Struve, Chief Deputy Attorney General; William J. Brown, Attorney General of Ohio, and E. Dennis Muchnicki, Assistant Attorney General; Jan Eric Cartwright, Attorney General of Oklahoma, and Sara J. Drake, Assistant Attorney General; Daniel R. McLeod, Attorney General of South Carolina, and Richard P. Wilson, Assistant Attorney General; John J. Easton, Jr., Attorney General of Vermont, and Merideth Wright, Assistant Attorney General; Chauncey H. Browning, Attorney General of West Virginia, and Robert R. Rodecker; Steven F. Freudenthal, Attorney General of Wyoming, and Walter Perry III, Senior Assistant Attorney General; for the State of Connecticut by Carl R. Ajello, Attorney General, Robert S. Golden, Jr., Assistant Attorney General, and Neil T. Proto, Special Assistant Attorney General; for the State of Maine by James E. Tierney, Attorney General, Rufus E. Brown, Deputy Attorney General, H. Cabanne Howard, Senior Assistant Attorney General, and Gregory W. Sample, Assistant Attorney General; for the Commonwealth of Massachusetts by Francis X. Bellotti, Attorney General, and Stephen M. Leonard, Assistant Attorney General; for the State of Illinois et al. by Gregory H. Smith, Attorney General of New Hampshire, E. Tupper Kinder, Assistant Attorney General, Tyrone C. Fahner, Attorney General of Illinois, and John Van Vranken, Anne Rapkin, and Jeffrey C. Paulson, Assistant Attorneys General; for the State of Oregon by Dave Frohnmayer, Attorney General, Stanton F. Long, Deputy Attorney General, William F. Gary, Solicitor General, James E. Mountain, Jr., Deputy Solicitor General, and Frank W. Ostrander, Jr., Assistant Attorney General; for the State of Washington by Kenneth O. Eikenberry, Attorney General, and Edward B. Mackie, Chief Deputy Attorney General; for the State of Wisconsin et al. by Bronson C. La Follette, Attorney General of Wisconsin, Steven M. Schur, and Carl A. Sinderbrand, Assistant Attorney General; Rufus L. Edmisten, Attorney General of North Carolina; John Ashcroft, Attorney General of Missouri; Steven L. Beshear, Attorney General of Kentucky; Richard H. Levin, Attorney General of New Mexico, and Geoffrey W. Sloan; Thomas J. Miller, Attorney General of Iowa, and James R. Maret; Leroy S. Zimmerman, Attorney General of Pennsylvania; for the Public Utilities Commission of the State of California et al. by Janice E. Kerr, J. Calvin Simpson, and Paul Rodgers.
Joseph D. Alviani filed a brief for the New England Legal Foundation as amicus curiae.
Supreme Court of United States.
JUSTICE WHITE delivered the opinion of the Court.
The turning of swords into plowshares has symbolized the transformation of atomic power into a source of energy in American society. To facilitate this development the Federal Government relaxed its monopoly over fissionable materials and nuclear technology, and in its place, erected a complex scheme to promote the civilian development...
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