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Andrew Grossman Comments on Supreme Court Battle over Virginia Uranium Mining Ban

News / November 5, 2018

Partner Andrew Grossman is quoted in an article published Nov. 2, 2018, in E&E News. The article, “Va. Company, Trump Take on Uranium Mining Moratorium,” reports on a case before the U.S. Supreme Court this term involving the state of Virginia’s long-standing moratorium on uranium mining. A mining company, Virginia Uranium Inc., argues that the ban is a violation of the federal Atomic Energy Act, which give the Nuclear Regulatory Commission (NRC) exclusive authority to regulate safety hazards from uranium mining and processing. Virginia claims it is regulating mining, not safety.

Grossman told the publication that he expects the Supreme Court justices to see the “true” purpose of Virginia's ban, which was to undercut the NRC. “Federal law quite clearly places matters of nuclear safety in the hands of the [NRC] because it is the expert,” he said, "yet Virginia seems to believe that it can circumvent that federal law so long as it claims to be doing something else: namely, regulating mining.”

Read the article (registration required).

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