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Virginia Uranium v. Warren

Updated Sep 18, 2026

In brief

Virginia won: the Supreme Court left its uranium-mining ban in force.

Where it stands
Decided

Decided 6-3 · June 17, 2019 · Opinion by Justice Gorsuch

What it’s about
This case asked whether Virginia could ban uranium mining on private land within the state, or whether federal nuclear law left that issue exclusively to the federal government.
Who it affects
Virginia's uranium-mining ban remains in place. The decision says the federal Atomic Energy Act does not displace this state mining law.

Summary: written with AI from the case record.

Illustration for Virginia Uranium, Inc. v. Warren
Conceptual illustration · AI-generated

What it's about

The Supreme Court held that the Atomic Energy Act did not preempt Virginia’s mining ban.

The case tested where state power over mining ends and federal control over nuclear-safety issues begins.

Question presented

Does the AEA preempt a state law that on its face regulates an activity within its jurisdiction (here uranium mining), but has the purpose and effect of regulating the radiological safety hazards of activities entrusted to the NRC (here, the milling of uranium and the management of the resulting tailings)?

What the Court decided

Holding

The judgment is affirmed. 848 F. 3d 590, affirmed. JUSTICE GORSUCH, joined by JUSTICE THOMAS and JUSTICE KA - VANAUGH, concluded that the AEA does not preempt Virginia’s law banning uranium mining.

Result
Affirmed

The vote

  • Joined the judgment
  • Concurred in a separate opinion
  • Dissented
  • Wrote an opinion
Majority · 3joined the Court's opinion
  1. Thomas
  2. Kavanaugh
  3. Gorsuchwrote the opinion
Concurring · 3agreed with the result, wrote separately
  1. Kagan
  2. Ginsburgwrote separately
  3. Sotomayor
Dissenting · 3disagreed with the result
  1. Breyer
  2. Robertswrote the dissent
  3. Alito
6 justices joined the judgment (3 writing separately), 3 dissented.

From the opinions

“The AEA prohibits state laws that have the purpose and effect of regulating preempted fields.”

— Chief Justice Roberts(dissent)

What's next

The Supreme Court has finished this docket action. The Fourth Circuit ruling stands, and Virginia's mining ban remains in place.

Documents

2

Docket activity

5
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • Opinion added: opinion

    Jun 17, 2019 · Court records

  • Brief added: Questions Presented

    Court records

More questions

5
What did Virginia Uranium, Inc. v. Warren decide?
The Court upheld the lower court and ruled that the Atomic Energy Act does not preempt Virginia's uranium-mining ban.
Who won Virginia Uranium v. Warren?
Virginia won. Its ban on uranium mining remains in place after the Court agreed with the lower court.
How did the justices split in Virginia Uranium?
Six justices supported the result, but they used separate reasoning. Chief Justice Roberts and two other justices disagreed.
What did the dissent say was wrong?
The dissent said Virginia used its mining authority to indirectly regulate federally controlled safety issues involving uranium milling and tailings.
What happens next after the Virginia Uranium decision?
No Supreme Court action remains in this docket. The lower court ruling stands, leaving Virginia's mining ban in force.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis