Virginia’s moratorium on uranium mining will stand, appeals court rules

The Fourth Circuit Court of Appeals in Richmond ruled on Feb. 17 in favor of the Commonwealth’s 30-year moratorium on mining uranium in the Commonwealth. The majority of a three judge panel found that nothing in the federal Atomic Energy Act preempts the state’s ability to regulate and restrict conventional uranium mining within its borders, according to a news release from the office of Attorney General Mark Herring.

“For more than thirty years the General Assembly has maintained a moratorium on the mining of uranium in the Commonwealth for the safety and well-being of our residents, lands, and waterways,” said Attorney General Herring. “This ruling affirms that the Commonwealth is well within its rights to regulate mining activities, and I’m glad we were able to yet again successfully defend Virginia’s environment and moratorium in court.”

In December 2015, a federal judge dismissed a suit challenging the Commonwealth’s moratorium on uranium. Today’s ruling upheld that dismissal as proper.