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6 Envtl. L. 675 (1975-1976)
Regulation of Nuclear Power Plants: A Constitutional Dilemma for the States

handle is hein.journals/envlnw6 and id is 687 raw text is: REGULATION OF NUCLEAR POWER PLANTS: A CONSTITUTIONAL DILEMMA FOR THE STATES BY PATRICK A. PARENTEAU* Few modern technologies have stirred more public debate than nuclear power. The debate involves more than the controver- sial deployment of atomic weapons; it extends to the use of the peaceful atom for the production of electricity. When used as fuel in powerplants, special nuclear material is believed capable of producing much greater amounts of electrical power than more conventional coal or oil fired plants or hydroelectric facilities. Given the staggering growth in this nation's demand for electricity over the past decade, the promise of clean, cheap nuclear power is indeed attractive. However, its use also entails certain risks to the health, safety, and security of society. The cardinal issue in the controversy over nuclear power involves the assessment of the degree of risk inherent in the use of this ultrahazardous technology. Depending upon one's view of the issue, the risks may or may not be justified by the benefits which accrue from employ- ment of the technology. As with most complex public policy ques- tions, there may be no exact answer to the dilemma, only a series of trade-offs and approximations. Up to now, the federal government has assumed near absolute authority and responsibility for making those trade-offs. The states had very little, if any, input into the early policy decisions which launched the nuclear program. Of late, however, a number of states have begun to evidence a greater concern over health and safety implications of the rapid expansion of the nuclear power industry. This concern over the radiological health and safety haz- ards associated with nuclear generating facilities is not new to the states, but some of their responses to the hazards are quite novel. In Vermont, for example, a statute was recently enacted re- * Institute Fellow, Natural Resources Law Institute, of the Lewis and Clark Law School-Northwestern School of Law. B.S., Regis College, 1969; J.D., The Creighton University, 1972; L.L.M., George Washington University, 1975. Member, Nebraska Bar.