While we all await Judge Murtha’s ruling in the preliminary injunction on the Vermont Yankee lawsuit—really, what is taking so long?—I thought our readers might be interested in the following post on Arizona v. United States: on SCOTUS blog:
Readers may remember that earlier this year, the U.S. Supreme Court ruled in Chamber of Commerce v. Whiting that Arizona did not preempt federal law when it required more stringent immigration monitoring by state-licensed businesses. There is now an injunction pending in the case.
The author of this post, Larry Joseph, writes an interesting analysis of conflict preemption, which is at the heart of Entergy’s case against Vermont. If Joseph is correct, then the Court is likely to narrow the doctrine, making it easier for states to co-regulate in areas where there is also federal regulation.
While I am not convinced that the immigration cases are a good guide for the nuclear power issue, I thought wsome of you might find Joseph’s analysis pertinent to the VY debate.
Happy reading and waiting!