Report of the Attorney General to the Safe Growth Cabinet Council Page: 40 of 68
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General Soanlon
November 14, 1985
If the state statute ??"^‘'ada°preamptIon question
federal legislation and rega a ^ uni-.nmated Medical,
arises. In
—the Supreme Court noted that state
7T^L.Ed.2d 714 (19o5;, tne oupt « (ii hv express
laws may be preempted ,|!T^ainfe?enoe "whe^e the eoheme
language of preemptio , sufficiently comprehensive to make
of federal regulation is suf p „ * left no room’ for
reasonable the Jn£er®£°®lation.n (3) "where the field is one
supplementary state ^BUlatio’ is so dominant that the
in whioh ’the f<9?^aLi2ssumed to preclude enforcement of
federal system will be af^me P n0omplianoe with
state laws on the same subject, ^ w Qal
?0thaslbllUy^»dor«! "when state law 'stands as an
obstaole^ to** the accomplishment and exeoution of
purposes and objectives of Congress.
In this oase, should DOE b® ais^be*1foroedU
lation to safeguard certain ^^inspeotion of that same
by state statute to aHow publl P state regula-
information, "compliance with both^ieae^ ^ &
tions is a physical ^P^^oonsistently that the federal
situation, case law has held e.g., Fidelity
Iaw will preempt the state statute. Se£ estaT%B U.S.
Tipf7-T§jrTT2 S.Ct. 3014, 3022, li 3?3 UiS. 132,
142-143^$3S.Ct. 1210, i2li * . . nn less preemptive
Furthermore, Hf]ederal regulations^^ Federal Sav_in&3_&
effect than federal statubes. if DOE can
Loa_n_jytso£^—TFaTute or ^regulation in support of its
JoT^Tt0 aT^federal d iiL information must be kept
contention that ,=?^!!u?e S?reflation will preempt the
confidential, that statute 0 d law for purposes of
conflicting Tennessee public recoras
these shipments.
. , , DOE will be hard-pressed to
ks a safeguarded information. The DOE
justify its demand for aafegua ghip[nQnt3 contain no require-
guidelines promulgate take advantage of the
ment of confidential tjN Nor can to oertain sohe-
NHC requirement of limited PU^ d to aMde by NRC regu-
duling plans. Altnougu
B-11
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Cody, W.J. Report of the Attorney General to the Safe Growth Cabinet Council, report, September 23, 1985; United States. (https://digital.library.unt.edu/ark:/67531/metadc1094074/m1/40/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.