Duke Power Co. v. Carolina Environmental Study Group, Inc.
Supreme Court of the United States
1Opinion of the CourtChief Justice Burger
These appeals present the- question of whether Congress may, consistent with the Constitution, impose a limitation on *63liability for nuclear accidents resulting from the operation of private nuclear power plants licensed by the Federal Government.
I
A
When Congress passed the Atomic Energy Act of 1946, it contemplated that the development of nuclear power would be a Government monopoly. See Act of Aug. 1, 1946, ch. 724, 60 Stat. 755. Within a decade, however, Congress concluded that the national interest would be best served if the Government encouraged the private sector to become involved in…
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