Pacific Legal Foundation v. State Energy Resources Conservation & Development Commission

MEMORANDUM DECISION

This case involves a challenge to the constitutionality of three sections of the California Public Resources Code: sections 25524.1, 25524.2 and 25524.3. Plaintiffs contend that these sections, which impose certain requirements on the certification of nuclear fission thermal power plants in this state, invade a field of regulation which has been preempted by the federal government. Specifically, plaintiffs assert that the Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011-2281 (1970), preempts the state laws in question.

Before the court for resolution are plaintiffs’ motion for summary judgment, defendants’ motion to reconsider the motion to dismiss the complaint or, in the alternative, to certify an interlocutory appeal, and cross motions brought to strike the various affidavits and exhibits filed both parties. Upon due consideration of the memoranda filed by the parties, the declarations and exhibits, and the arguments of counsel, and for the reasons set forth herein, the court rules as follows: the motion to reconsider the motion to dismiss is denied, as is the motion to certify an interlocutory appeal, plaintiffs’ motion for summary judgment is…