Legal Opinion

Northern States Power Company v. The State of Minnesota, the Minnesota Pollution Control Agency

Court of Appeals for the Eighth Circuit

Decided September 7, 1971No. 71-1093_1PublishedCited by 110 opinions

1Opinion of the Court

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, Northern States Power Company, hereinafter referred to as Northern, against the State of Minnesota, the Minnesota Pollution Control Agency…

2Cases cited32 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  3. Hines v. DavidowitzSupreme Court of the United States · 1941
  4. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  5. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963

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3Cited by110 opinions

  1. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  2. Train v. Colorado Public Interest Research Group, Inc.Supreme Court of the United States · 1976
  3. Alverado v. Washington Public Power Supply SystemWashington Supreme Court · 1988
  4. Gryc Ex Rel. Gryc v. Dayton-Hudson Corp.Supreme Court of Minnesota · 1980
  5. Housing Authority of the City of Omaha, Nebraska v. United States Housing Authority, Etc., and National Tenants OrganizationCourt of Appeals for the Eighth Circuit · 1972

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