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NORTHERN STATES POWER COMPANY v. STATE OF MINNESOTA

No. 71-1093.

447 F.2d 1143 (1971)

NORTHERN STATES POWER COMPANY, Appellee, v. The STATE OF MINNESOTA, the Minnesota Pollution Control Agency, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

September 7, 1971.

Attorney(s) appearing for the Case

G. Robert Johnson, Sp. Asst. Atty. Gen., Warren Spannaus, Atty. Gen. of Minnesota, George Reilly, Chief Deputy Atty. Gen., Minneapolis, Minn., for appellants.

Edward J. Schwartzbauer, Dorsey, Marquart, Windhorst, West & Halladay, William J. Hempel, and Donald E. Nelson, Minneapolis, Minn., for appellee.

Francis B. Burch, Atty. Gen. of Maryland, Thomas M. Downs, Asst. Atty. Gen., Annapolis, Md., for State of Maryland, amici curiae.

James M. Jeffords, Atty. Gen. of Vermont, Montpelier, Vt., amicus curiae of State of Vermont in opposition to granting relief requested in appellee's complaint.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Jerome Maslowski, Francis J. Carrier, Asst. Attys. Gen., Lansing, Mich., amici curiae of Michigan Department of Natural Resources and Michigan Department of Public Health.

Before MATTHES, Chief Judge, and VAN OOSTERHOUT and BRIGHT, Circuit Judges.

MATTHES, Chief Judge.

The central question posed by this litigation is whether the United States Government has the sole authority under the doctrine of pre-emption to regulate radioactive waste releases from nuclear power plants to the exclusion of the states. The United States District Court for the District of Minnesota answered affirmatively and its decision is here for review. We affirm.

This suit was commenced in August of 1969 by plaintiff-appellee...

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