The Supreme Court said Monday it would take up a case on whether to lift a ban on mining plentiful uranium in Virginia.
Virginia Mining Inc. v. Warren has to do with the roles of the federal government and the state in two very different activities: mining uranium and processing it.
Virginia has the federal government’s permission to process uranium, which the state used in the 1980s as a way to ban mining in the state.
Uranium is plentiful in Virginia, and Virginia Energy Resources Inc. and others want a crack at mining it to tap into a lucrative global market for the radioactive fuel.
The high court will decide if the state’s federal permit to refine the fuel, granted by the Nuclear Regulatory Commission, pre-empts it from mining it.
Mining companies that petitioned the Supreme Court say the state’s ban on mining is illegal under the U.S. Atomic Energy Act. But Virginia officials say the Atomic Energy Act doesn’t regulate uranium mining on private land, so states are allowed to do so.
The 4th Circuit Court of Appeals rejected their argument, upholding the Virginia mining ban in a 2-1 decision.
