By Michael Murphy (November 14, 2018, 3:05 PM EST) -- On Nov. 5, the U.S. Supreme Court held oral arguments in Virginia Uranium Inc. v. Warren,[1] which will further define the reach of the Atomic Energy Act, or AEA, to preempt state legislation encroaching on radiological safety. In this case, Virginia passed a moratorium on conventional uranium mining, which is not covered by the AEA. Virginia Uranium challenged this law as preempted, alleging that the purpose behind the statute was to regulate downstream milling and uranium tailings, activities that are regulated by the AEA. The Fourth Circuit upheld the district court's dismissal of Virginia Uranium's complaint because it found the intent of the state irrelevant — the fact that the AEA did not regulate mining was determinative. Based on the court's argument, however, it looks as if the court may overturn the court of appeals decision and require Virginia to provide some plausible nonradiological safety rationale for the legislation that does not intrude on the AEA....