Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission

California's Warren-Alquist Act barred certifying new nuclear plants until the state found a demonstrated technology for permanently disposing of high-level nuclear waste, and PG&E (plaintiff) sued to enjoin enforcement, arguing the Atomic Energy Act (AEA) preempted the state law; the district court agreed, but the court of appeals held the waste-disposal provision was not preempted because it was economically, not safety, motivated, and the Supreme Court granted certiorari.