In fact, she wants credit where credit is due, uh-huh
Tamar Cerafici is an environmental lawyer practicing in the areas of environmental, nuclear, and sustainable development law. Feel free to use any material in this guest post; just give credit where credit’s due: to Dan Yurman for asking me, and to me for writing it.Here is why she thinks Vermont Yankee must to allowed to continue operation, regardless of anything Vermont says.
Judge Murtha’s decision makes complete sense. His conclusion is straight out of the Federalist Papers. The authority retained by the federal government invalidates any state legislation that conflicts with federal law or authority. So, the NRC’s federal power to regulate safety at nuclear power plants preempts Vermont’s right to legislate a nuclear power plant out of existence.
Bully, the so-called supremacy clause does not take away a State's or local governments right to exclude certain activities. Just because the Federal Government makes some forms of pornography "legal" does not mean that a State or City must allow all that porn into their shops.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.