Virginia Uranium v. Warren
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.

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
From the opinions
“The AEA prohibits state laws that have the purpose and effect of regulating preempted fields.”
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
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: opinion
Brief added: Questions Presented
More questions
- 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.