Federal preemption of state and local nuclear transportation regulations

This report examines the extent to which federal law preempts state and local requirements with respect to the transportation of nuclear materials. We conclude that federal law preempts some, but not all, state and local nuclear material transportation requirements. Section 1 of this report summarizes the judicially developed doctrines for determining the preemptive effect of federal law. Section 2 places this doctrine in the context of the federal scheme for regulating the transportation of nuclear materials. Section 3 applies the principles developed in Sections 1 and 2 to major categories of state and local nuclear materials transportation requirements. 2 tabs