Kentucky, Natural Resources & Environmental Protection Cabinet, Secretary v. United States

How later courts describe this case

• holding that “AEA grants DOE and the Nuclear Regulatory Commission exclusive responsibility for regulating source, special nuclear, and byproduct material .... [and] preempts any state attempt to regulate materials covered by the Act for safety purposes”
• action for “injunctive and rate relief” on basis of common law tort and contract principles preempted in part under Atomic Energy Act to extent predicated on public safety concerns
• “Because the challenged permit conditions regulate materials covered by the AEA, they are therefore preempted.”