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Regulation of Nuclear Materials: Should National Defense and Other National Policies Override State Standards?

January 1992

Citation: 22 ELR 10014

Issue: 1

Author: Mark C. Schroeder, John N. McMillan, and Dan W. Reicher

MARK C. SCHROEDER: Let me begin by putting in context the activities and mission of the U.S. Department of Energy. I will then review the current state of regulation of radionuclides and source, special nuclear, and by-product material, and will conclude with a discussion of the future directions at the Department.

Everyone would agree that the national defense and foreign policy have been exclusively in the federal domain, and that they typically do not admit of state intervention.

Mark C. Schroeder, Deputy General Counsel for Environmental Conservation and Legislation, U.S. Department of Energy. John N. McMillan, Director, Division for Energy, Agriculture, & Natural Resources, Office of the Governor, State of South Carolina. Dan W. Reicher, Senior Staff Attorney, Natural Resources Defense Council.

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