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Home / Opinion Digests / Legislative moratorium on uranium mining upheld (access required)

Legislative moratorium on uranium mining upheld (access required)

Where plaintiffs claim that the General Assembly’s temporary moratorium on uranium mining results in an unconstitutional taking of their property rights, the statute is upheld under a strict scrutiny analysis. Although a taking has occurred, the commonwealth has demonstrated a compelling interest – public health and safety – that justifies the taking. Background Sometime before 1978, Marline leased ...