County of Suffolk v. Long Island Lighting Co.

BARTELS, District Judge.

This is a motion to remand, pursuant to 28 U.S.C. § 1447(c), an action commenced in the Supreme Court of the State of New York, Suffolk County, on June 23,1982, and removed to this Court under 28 U.S.C. § 1441(a) and (b) on the ground that it is founded on a claim or right “arising under" the laws of the United States. Defendants maintain that this Court has original jurisdiction under 28 U.S.C. §§ 1331 and 1337 1 because this action arises under the Atomic Energy Act (“the Act”), 42 U.S.C. §§ 2011 et seq., and its complementing regulations as adopted by the Nuclear…