4th Circ. Uranium Mining Ruling Narrows Federal Preemption

Law360, New York (March 8, 2017, 10:44 AM EST) -- It is obvious to even the most casual observer that the Trump administration plans to pursue a much different agenda for environmental regulation and domestic energy production than the prior administration. Similarly, it is predictable that conflicts will arise between the new administration and "blue" states like California, New York and Massachusetts. These conflicts inevitably will result in litigation; indeed, the "red" states previously sought protection from the courts to limit the scope and reach of the Obama U.S. Environmental Protection Agency in the name of federalism. Now the situation is reversed, and the current administration may find itself in need of the federal preemption doctrine to limit state and local attempts to regulate activities that the federal government appears to favor, such as fracking, coal mining, pipelines and mineral development....

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