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Re: INS Laundry in Santa Fe NM



In a message dated 02/10/2000 10:13:29 AM Pacific Standard Time, 
Glen.Vickers@ucm.com writes:

<< What's the big deal?  Don't cities pass ordinances to abate perceived
 nuisances all the time?  No one cries when it is a pornographic
 establishment, a rough motorcycle bar, or the local corner where
 undesirables hang out...  Ordinances are passed to pick on various
 undesirables all the time, how is it that INS is better than any other
 group?  Must be better lawyers. >>

I haven't read the opinion (which I just asked about), but my guess is the 
judge found that the NRC's regulation of byproduct, source and special 
nuclear material pre-empts the state and local agency regulation.  I.e., they 
cannot enact laws which conflict with or frustrate the purpose of the federal 
law, since the field is fully regulated by the federal agency.  In this case, 
the pre-emption actually flows through the state agency, since NM is an 
agreement state.

Barbara L. Hamrick
BLHamrick@aol.com
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