duke power carolina env study group argued march decided june together nuclear regulatory commission et al carolina environmental study group et also appeal act act dual purpose protecting public encouraging development nuclear energy industry imposes million limitation liability nuclear accidents resulting operation federally licensed private nuclear power plants requires indemnified million fund established act waive legal defenses event substantial nuclear accident provides event nuclear accident involving damages excess amount aggregate liability congress take whatever action deemed necessary appropriate protect public consequences disaster magnitude appellant duke power duke public utility constructing nuclear power plants north south carolina appellant nuclear regulatory commission nrc sued appellees environmental organization labor union number individuals live near plants question sought declaration act unconstitutional finding inter alia immediate adverse effects upon appellees resulting operation plants included thermal pollution lakes vicinity emission radiation appellees environment also substantial likelihood duke able complete construction maintain operation plants protection provided act district held appellees standing challenge act constitutionality claim properly adjudicated went hold act violated due process clause fifth amendment amount recovery rationally related potential losses act tends encourage irresponsibility matters safety environmental protection quid pro quo liability limitation act also offended equal protection component fifth amendment forcing victims nuclear incidents bear burden injury whereas society whole benefits existence development nuclear power held district jurisdiction appellees complaint nrc ed rather jurisdictional base pleaded complaint fairly read raised two basic challenges act derived fifth amendment appellees cause action nrc directly constitution sufficiently substantial sustain jurisdiction question whether cause action generally recognized need decided record pp appellees standing challenge act constitutionality several immediate adverse effects construction plants found harm appellees sufficient satisfy injury fact prong constitutional requirement standing finding causal connection act construction plants satisfies second prong constitutional test standing exercise remedial powers redress claimed injuries pp constitutional challenges act ripe adjudication since parties adversely affected decision defer definitive resolution constitutional validity vel non act extent issues ripeness involve least part existence live case controversy regional rail reorganization act cases fact appellees sustain immediate injury operation disputed power plants injury redressed relief requested satisfies requirement pp act violate due process clause fifth amendment pp record supports need imposition statutory limit liability encourage private industry participation hence bears rational relationship congress concern stimulating private industry involvement production nuclear electric energy assuming arguendo million fund insure full recovery conceivable circumstances follow liability limitation therefore irrational violative due process appraised light extremely remote possibility accident liability exceed statutory limit congress commitment take whatever action deemed necessary appropriate protect public consequences disaster proportions congressional decision fix million ceiling within permissible limits violative due process pp district finding act tends encourage irresponsibility matters safety environmental protection withstand careful scrutiny since nothing provision undermines alters rigor integrity process involved review applications license construct operate nuclear power plant since event nuclear accident utility probably suffer largest damages act provides reasonably substitute commonlaw state tort law remedies replaces nothing required due process clause congressional assurance million fund recovery accompanied statutory commitment take whatever action deemed necessary appropriate protect public consequences nuclear accident fair reasonable substitute uncertain recovery damages magnitude utility component manufacturer whose resources might well exhausted early stage minimum statutorily mandated waiver defenses establishes threshold right injured parties compensation without proof fault eliminates burden delay uncertainty follow need litigate question liability accident pp equal protection violation since general rationality act liability limitation particularly reference congressional purpose encouraging private participation exploitation nuclear energy ample justification difference treatment injured nuclear accidents whose injuries derived causes pp act withdraw tucker act remedy thus appellees challenge compensation clause must fail question whether taking claim established fifth amendment matter appropriately left another day burger delivered opinion brennan white marshall blackmun powell joined stewart filed opinion concurring result post rehnquist filed opinion concurring judgment stevens joined post stevens filed opinion concurring judgment post steve griffith argued cause appellant briefs joseph knotts william larry porter solicitor general mccree argued cause appellants briefs assistant attorney general babcock deputy solicitor general jones harriet shapiro robert kopp thomas wilson jerome nelson stephen eilperin william schultz argued cause appellees cases brief alan morrison george daly norman smith jonathan fn briefs amici curiae urging reversal filed philip kurland william steigman american hospital assn et al northcutt ely frederick ritts robert pietrowski american public power assn sutton keany association bar city new york arthur murphy harvey price atomic industrial forum harry rissetto hiestand alvin kalmanson babcock wilcox raymond falls michael tierney combustion engineering cameron macrae leonard trosten harry voigt eugene fidell edison electric institute william wise robert weinberg national rural electric cooperative assn et al richard whiting william kelly nuclear energy liability property insurance assn et al ronald zumbrun john findley albert ferri donald simpson pacific legal foundation ben blackburn wayne elliott southeastern legal foundation william brown attorney general dennis murchnicki assistant attorney general filed brief state ohio amicus curiae urging affirmance briefs amici curiae filed bronson la follette attorney general wisconsin patrick walsh assistant attorney general eldon kaul assistant attorney general minnesota carl valore state wisconsin et al herbert brown gilbert miller lawrence coe lanpher resources agency state california chief justice burger delivered opinion appeals present question whether congress may consistent constitution impose limitation liability nuclear accidents resulting operation private nuclear power plants licensed federal government congress passed atomic energy act contemplated development nuclear power government monopoly see act ch stat within decade however congress concluded national interest best served government encouraged private sector become involved development atomic energy peaceful purposes program federal regulation licensing see atomic energy act act ch stat amended ed supp implemented policy decision providing licensing private construction ownership operation commercial nuclear power reactors energy production strict supervision atomic energy commission aec see power reactor development electrical workers remanding app private industry responded atomic energy act development experimental power plant constructed auspices consortium interested companies soon became apparent profits private exploitation atomic energy uncertain accompanying risks substantial see green nuclear power risk liability indemnity rev green although aec offered incentives encourage investment remained path private nuclear power industry various problems risk potentially vast liability event nuclear accident sizable magnitude major obstacle notwithstanding comprehensive testing study uniqueness form energy production made impossible totally rule risk major nuclear accident resulting extensive damage private industry aec confident disaster occur uniqueness nuclear power meant possibility remained potential liability dwarfed ability industry private insurance companies absorb risk see hearings joint committee atomic energy government indemnity private licensees aec contractors reactor hazards thus repeatedly stressing risk major nuclear accident extremely remote spokesmen private sector informed congress forced withdraw field liability limited appropriate legislation congress responded passing act stat ed supp act dual purpose protect ing public encourag ing development atomic energy industry original form act limited aggregate liability single nuclear incident million plus amount liability insurance available private market million nuclear industry required purchase maximum available amount privately underwritten public liability insurance act provided damages nuclear disaster exceeded amount private insurance coverage federal government indemnify licensee persons indemnified amount exceed million thus actual ceiling liability amount private insurance coverage plus government indemnification obligation totaled million since enactment act twice amended first occasion eve expiration amendments extended basic provisions another years added provision effect requiring indemnified act waive legal defenses event substantial nuclear accident provision based congressional concern state tort law dealing liability nuclear incidents generally unsettled way insuring common standard responsibility jurisdictions strict liability needed waiver defenses thought preferable approach since entailed less interference state tort law enactment federal statute prescribing strict liability see congress extended act coverage continued million limitation liability however new provision added requiring event nuclear incident reactor owners contribute million toward cost compensating victims supp since liability ceiling remained level effect deferred premium provision reduce federal government contribution liability pool amendments act congress also explicitly provided event nuclear incident involving damages excess amount aggregate liability congress thoroughly review particular incident take whatever action deemed necessary appropriate protect public consequences disaster magnitude supp act presently stands liability event nuclear incident causing damages million spread follows million paid contributions licensees private operating nuclear power plants million come private insurance maximum available remainder million borne federal government appellant duke power public utility constructing one nuclear power plant north carolina one south carolina duke power along nrc sued appellees two organizations carolina environmental study group catawba central labor union individuals live within close proximity planned facilities action commenced sought among relief declaration act unconstitutional parties engaged extensive discovery district held evidentiary hearing questions whether issues ripe adjudication whether appellees standing challenge constitutionality act determined appellees standing claim properly adjudicated district went hold act unconstitutional two respects violated due process clause fifth amendment allowed injuries occur without assuring adequate compensation victims act offended equal protection component fifth amendment forcing victims nuclear incidents bear burden injury whereas society whole benefits existence development nuclear power noted probable jurisdiction appeals reverse ii threshold matter must address question whether district jurisdiction appellees claims despite fact none parties raised issue district consider see liberty mutual ins wetzel appellees complaint alleges jurisdiction ed provides original jurisdiction district courts civil action proceeding arising act congress regulating commerce protecting trade commerce restraints monopolies reading pleadings however indicates appellees claims arise act statutory language interpreted prior decisions see peyton railway express agency specifically read complaint appellees making two basic challenges act find moorings fifth amendment first appellees contend due process clause protects arbitrary governmental action adversely affecting property rights act creates source underlying injury limits recovery therefor constitutes arbitrary action second contending event nuclear accident property taken without assurance compensation act instrument taking since record without power plants possibility accident implicit complaint also assumption exists cause action directly constitution vindicate appellees federal rights suit nrc executive agency charged enforcement administration allegedly unconstitutional statute appellees right relief thus depends interpretation construction act instead upon construction application constitution smith kansas city title trust hence exists jurisdiction hear appellees claims must derived ed general statute rather jurisdictional base pleaded purposes determining whether jurisdiction exists resolve appellees claims necessary decide whether appellees alleged cause action nrc based directly constitution fact cause action appellees actually recover bell hood instead test whether cause action alleged patently without merit justify dismissal want jurisdiction hagans lavine quoting bell hood supra emphasis added see also oneida indian nation county oneida test whether right claimed insubstantial implausible foreclosed prior decisions otherwise completely devoid merit involve federal controversy light prior decisions example bivens six unknown fed narcotics agents hagans lavine supra well general admonition federally protected rights invaded courts alert adjust remedies grant necessary relief bell hood supra conclude appellees allegations sufficient sustain jurisdiction question whether appellees cause action constitution one generally recognized need decided question directly implicate jurisdiction see bell hood supra raised briefed addressed oral argument noted last term similar context questions sort resolved inadequate record leaving unresolved bar full consideration merits see mt healthy city bd educ doyle enough present purposes claimed cause action vindicate appellees constitutional rights sufficiently substantial colorable sustain jurisdiction iii district judge held four days hearings questions standing ripeness factual findings form basis analysis issues essence standing inquiry whether parties seeking invoke jurisdiction alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions baker carr refined subsequent reformulation requirement personal stake come understood require distinct palpable injury plaintiff warth seldin also fairly traceable causal connection claimed injury challenged conduct arlington heights metropolitan housing dev see also simon eastern ky welfare rights linda richard application constitutional standards factual findings district persuades us art iii requisites standing satisfied appellees turn first consider kinds injuries district found appellees suffered discerned two categories effects resulted operation nuclear power plants potentially dangerous proximity appellees living working environment immediate effects included production small quantities radiation invade air water sharp increase temperature two lakes presently used recreational purposes resulting use lake waters produce steam cool reactor interference normal use waters catawba river threatened reduction property values land neighboring power plants objectively reasonable present fear apprehension regarding effect increased radioactivity air land water upon appellees property genetic effects upon descendants continual threat accident resulting uncontrolled release large even small quantities radioactive material assurance adequate compensation resultant damage supp second category potential effects placed damages may result core melt major accident operation reactor purposes present inquiry need determine whether putative injuries identified district particularly based possibility nuclear accident present apprehension generated future uncertainty sufficiently concrete satisfy constitutional requirements compare littleton scrap see also conservation society southern vermont aec civ action dc apr enough several immediate adverse effects found harm appellees certainly environmental aesthetic consequences thermal pollution two lakes vicinity disputed power plants type harmful effect deemed adequate prior cases satisfy injury fact standard see scrap supra cf sierra club morton emission radiation appellees environment also seem direct present injury given generalized concern exposure radiation apprehension flowing uncertainty health genetic consequences even small emissions like concededly emitted nuclear power plants difficult step standing inquiry establishing injuries fairly traced challenged action defendant simon eastern ky welfare rights supra put otherwise exercise remedial powers redress claimed injuries district discerned casual connection act appellees challenged unconstitutional construction nuclear plants appellees view threat particularizing causal link facts instant case district concluded substantial likelihood duke able complete construction maintain operation mcguire catawba nuclear plants protection provided act findings accepted likely satisfy second prong constitutional test standing elaborated simon challenged two grounds first argued evidence presented hearing contrary conclusion reached district indicated mcguire catawba nuclear plants completed operated without act limitation liability second contended act essential sense cause disputed nuclear power plants resultant adverse effects since act passed congress may well chosen pursue nuclear program government monopoly reject arguments district finding substantial likelihood mcguire catawba nuclear plants neither completed operated absent act rested major part testimony corporate officials joint committee atomic energy jcae act first considered second renewal discussed hearings industry spokesmen utilities producers various component parts power plants expressed categorical unwillingness participate development nuclear power absent guarantees limitation liability see also green tenor testimony changed slightly large utilities producers somewhat equivocal whether failure renew entail leaving industry smaller producers component parts architects engineers essential building reactors generating plants considered renewal act critical variable determining continued involvement nuclear power duke power letter committee urging extension act cited recent experiences suppliers contractors requiring inclusion cancellation clauses contracts take effect provisions eliminated report jcae discussing need renewal act stated nuclear power plants planning design phases receive construction permits thus uncertainty whether plants receive protection form government indemnity reactor manufacturers already requiring escape clauses contracts permit cancellation event form protection unlimited potential liability provided action required soon prevent disruption utility plans nuclear power second attack district finding causal link warrants brief attention essentially argument understand cause injuries appellees claim since passed government undertaken development nuclear power injuries likely accrued appellees plants privately operated ones whatever ultimate accuracy speculation responsive simple proposition private power companies fact operate generating plants injuring appellees participation occurred enactment implementation act nothing prior cases requires party seeking invoke federal jurisdiction negate kind speculative hypothetical possibilities suggested order demonstrate likely effectiveness judicial relief contended addition proof injury causal link injury challenged conduct appellees must demonstrate connection injuries claim constitutional rights asserted nexus requirement said find origin flast cohen general question taxpayer standing considered nexus demanded federal taxpayers two aspects first taxpayer must establish logical link status type legislative enactment attacked secondly taxpayer must establish nexus status precise nature constitutional infringement alleged major difficulty argument implicitly assumes nexus requirement formulated context taxpayer suits general applicability suits types brought federal courts cases cited outside context taxpayer suits demanded type nexus right asserted injury alleged aware none instead schlesinger reservists comm stop war explicitly rejected broad compass flast nexus requirement looking substantive issues flast stated appropriate necessary relation taxpayer standing express purpose determining whether logical nexus taxpayer status asserted claim sought adjudicated step appropriate claim citizen standing since flast nexus test applicable taxing spending power challenged prior cases however acknowledged limits class persons may invoke courts decisional remedial powers warth seldin derive general prudential concerns proper properly limited role courts democratic society see also schlesinger reservists comm stop war supra thus declined grant standing harm asserted amounts generalized grievance shared large number citizens substantially equal measure see richardson supra also narrowly limited circumstances one party given standing assert legal rights another ven plaintiff alleged injury sufficient meet case controversy requirement held plaintiff generally must assert legal rights interests rest claim relief legal rights interests third parties warth seldin supra see also raines limitation standing arguably suggests connection claimed injury right asserted bearing resemblance nexus requirement urged upon us good sufficient reasons prudential limitation standing rights third parties implicated avoidance adjudication rights may wish assert assurance effective advocate rights issue present champion see singleton wulff however find reasons satisfactory predicate applying limitation similar nexus requirement cases matter course party champions rights injury alleged concrete particularized one prevented redressed relief requested basic practical prudential concerns underlying standing doctrine generally satisfied constitutional requisites met see arlington heights metropolitan housing dev conclude appellees standing challenge constitutionality act question ripeness constitutional challenges raised appellees need long detain us extent issues ripeness involve least part existence live case controversy regional rail reorganization act cases conclusion appellees sustain immediate injury operation disputed power plants injury redressed relief requested appear satisfy requirement prudential considerations embodied ripeness doctrine also argue strongly prompt resolution claims presented although true nuclear accident yet occurred occurrence eliminate much existing scientific uncertainty surrounding subject view significantly advance ability deal legal issues presented aid us resolution however delayed resolution issues foreclose relief present injury suffered appellees relief forthcoming prevail various challenges act similarly delayed resolution frustrate one key purposes act elimination doubts concerning scope private liability event major nuclear accident short parties adversely affected decision defer definitive resolution constitutional validity vel non act since persuaded better position later decide question hold presently ripe adjudication iv district held act contravened due process clause amount recovery rationally related potential losses act tends encourage irresponsibility matters safety environmental protection finally quid pro quo liability limitations equal protection violation also found act places cost nuclear power arbitrarily chosen segment society injured nuclear catastrophe application relevant constitutional principles forces conclusion holdings district sustained due process analysis properly begins discussion appropriate standard review appellants portraying provision legislative balancing economic interests urge act accorded traditional presumption constitutionality generally accorded economic regulations upheld absent proof arbitrariness irrationality part congress see ferguson skrupa usery turner elkhorn mining appellees however urge elevated standard review ground interests jeopardized act far important economic due process cases traditional rationality standard invoked brief appellees intermediate standard like applied cases craig boren equal protection challenge statute requiring males older females order purchase beer trust new york new jersey contract clause challenge repeal statutory covenant providing security bondholders thus recommended use read act legislative history clear congress purpose remove economic impediments order stimulate private development electric energy nuclear power simultaneously providing public compensation event catastrophic nuclear incident see provision thus emerges classic example economic regulation legislative effort structure accommodate burdens benefits economic life usery turner elkhorn mining supra well established legislative acts come presumption constitutionality burden one complaining due process violation establish legislature acted arbitrary irrational way ibid accommodation struck may profound consequences contrary appellees suggestion provides reason defer congressional judgment unless demonstrably arbitrary irrational examined light standard review act view passes constitutional muster record us fully supports need imposition statutory limit liability encourage private industry participation hence bears rational relationship congress concern stimulating involvement private enterprise production electric energy use atomic power understand appellees district different view rather challenge alleged arbitrariness particular figure million statutory ceiling liability district aptly summarized position amount recovery rationally related potential losses abundant evidence record shows although major catastrophe particular place certain may extremely likely nevertheless territory plants located damage life property future generations well many many times limit law places liability limitation practical matter detract public protection afforded legislation first place likelihood accident occurring result claims exceeding sum financial protection required governmental indemnity exceedingly remote albeit theoretically possible perhaps important event national disaster magnitude obvious congress review problem take appropriate action history natural disasters texas city incident bears limitation liability serves primarily device facilitating congressional review situation rather ultimate bar relief public given conclusion general limiting liability acceptable method congress utilize encouraging private development electric energy atomic power candor requires acknowledgment whatever ceiling figure selected necessity arbitrary sense choice figure based imponderables like issue always characterized however kind arbitrariness flaws otherwise constitutional action appraised terms extremely remote possibility accident liability exceed limitation congress statutory commitment take whatever action deemed necessary appropriate protect public consequences disaster supp hold congressional decision fix million ceiling stage private development production electric energy nuclear power within permissible limits violative due process district conclusion act tends encourage irresponsibility part builders owners nuclear power plants simply withstand careful scrutiny recently outlined multitude detailed steps involved review application license construct operate nuclear power plant vermont yankee nuclear power nrdc nothing provision undermines alters respect rigor integrity process moreover event nuclear accident utility suffer perhaps largest damages obviously compared loss human life injury health risk financial loss possible bankruptcy utility small incentive avoid kind irresponsible cavalier conduct implicitly attributed licensees district remaining due process objection provision fails provide injured nuclear accident satisfactory quid pro quo rights recovery act abrogates initially clear due process clause fact requires legislatively enacted compensation scheme either duplicate recovery common law provide reasonable substitute remedy however need resolve question since act view provide reasonably substitute state tort law remedies replaces cf new york central white crowell benson legislative history provisions accompanying compensation mechanism reflects congress determination reliance state tort law remedies procedures unsatisfactory approach assuring public compensation nuclear accidents time providing necessary incentives private development energy remarks chairman anders nrc joint committee atomic energy hearings need renewal act illustrative concern expectation act provide efficient certain vehicle assuring compensation unlikely event nuclear incident primary defect alternative nonrenewal act however failure afford public either secure source funds firm basis legal liability respect new plants theory legal limit placed liability practical matter public less assured obtaining compensation establishing liability depend case state tort law procedures might might provide liability let alone multiple protections embodied present assurance prompt equitable compensation nationally applicable protective system give way uncertainties variations potentially lengthy delays recovery emphasized moreover collecting judgment filing lawsuit counts even defenses waived state law defendant theoretically unlimited liability may unable pay judgment obtained defendant assets exhausted earlier judgments subsequent claimants left uncollectable awards prospect inequitable distribution produce race courthouse door contrast present system assured orderly equitable compensation hearings joint committee atomic energy disagree view congressional assurance million fund recovery accompanied express statutory commitment take whatever action deemed necessary appropriate protect public consequences nuclear accident supp fair reasonable substitute uncertain recovery damages magnitude utility component manufacturer whose resources might well exhausted early stage record case raises serious questions ability utility component manufacturer satisfy judgment approaching million amount guaranteed act persuaded mandatory waiver defenses required act benefit potential claimants since never knowledge case arising nuclear incident like covered act discussion standard liability state courts apply necessarily speculative minimum statutorily mandated waiver defenses establishes threshold right injured parties compensation without proof fault eliminates burden delay uncertainty follow need litigate question liability accident even strict liability routinely applied doctrine subject exceptions acts god third parties two factors appellees emphasized district course arguing risks nuclear accident greater generally admitted considerations belie suggestion act leaves potential victims nuclear disaster disadvantageous position left remedies known modern times either speed economy appellees remaining objections briefly treated procedures act provide event accident potential liability exceeding million ceiling limit distributed pending approval plan distribution taking account need assure compensation possible latent injury claims may discovered later time supp although delay might follow compliance statutory procedure doubt approach resulting routine litigation large number claims caused catastrophic accident moreover statutory scheme insures equitable distribution benefits suffer injury immediate latent route proverbial race courthouse instead determine first crack diminishing resources tortfeasor fairness well sacrificed process remaining contention recovery uncertain aggregate rather individualized nature liability ceiling thinly disguised version contention million figure inadequate already rejected course adjudicating similar challenge workmen compensation act innew york central white observed due process clause fourteenth amendment violated simply injured party able recover much act enactment entitled moderate compensation cases injury certain speedy remedy without difficulty expense establishing negligence proving amount damages logic new york central seem apply renewed force context challenge act act provides reasonable prompt equitable mechanism compensating victims catastrophic nuclear incident also guarantees level net compensation generally exceeding recoverable private litigation moreover act contains explicit congressional commitment take action aid victims nuclear accident event million ceiling liability exceeded panoply remedies guarantees least reasonably substitute rights replaced act nothing required due process clause although district also found act contravene equal protection provision included within due process clause fifth amendment appellees relied ground since equal protection arguments largely track duplicate made support due process claim event conclude equal protection violation general rationality act liability limitations particularly reference important congressional purpose encouraging private participation exploitation nuclear energy ample justification difference treatment injured nuclear accidents whose injuries derived causes speculation regarding arrangements might used spread risk liability ways different act course pertinent equal protection analysis see mourning family publications service accordingly decision district reversed cases remanded proceedings consistent opinion reversed remanded footnotes nuclear incident defined occurrence within causing within outside bodily injury sickness disease death loss damage property loss use property arising resulting radioactive toxic explosive hazardous properties source special nuclear material term person indemnified means respect nuclear incident occurring within person indemnity agreement executed person may liable public liability terms act originally passed applicable licenses issued august august stat amended waiver provision incorporated indemnity agreement defenses negligence contributory negligence charitable governmental immunity assumption risk waived event extraordinary nuclear occurrence limited degree defenses based certain short state statutes limitations stat see also cfr act also amended provide transfer claims arising nuclear incident single federal district finds liability may exceed liability limitation act immediate payments injured parties limited liability limitation approves plan distribution insure equitable treatment parties ed supp nrc empowered amendments choose figure million range set assessment million fed reg number reactors increases million deferred premium yield fund exceeding present liability ceiling example predicted maximum reactors operating see executive office president national energy plan produce million addition whatever insurance available private insurance market act liability ceiling automatically increases level equal amount primary secondary deferred premium insurance coverage amount coverage exceeds million figure supp appellees expert witness insurance testified district homeowners unable purchase insurance nuclear catastrophes nuclear industry essentially absorbed entire capacity private insurance markets need property liability insurance app complaint also sought review aec decision grant construction permit one plants pendency action however appeals district columbia circuit decided aec properly issued permits carolina environmental study group app accordingly district dismissed counts complaint except relating act constitutionality jurisdiction invoked ed provides direct appeal decision invalidating act congress suit agencies officers employees parties complaint provides relevant part since act provides victims nuclear disaster benefit time limiting right recover losses approximately losses operation million limitation event nuclear disaster deprive persons injured disaster property rights without due process law violation fifth amendment constitution app justice rehnquist read complaint insofar alleges denial due process stating claim duke power north carolina law construction complaint question constitutionality act emerge anticipation defense appellees claims thus support federal jurisdiction complaint rule regardless jurisdictional statute relied upon see louisville nashville mottley conclude complaint fairly read stating claim nrc directly due process clause fifth amendment see supra view complaint rule poses bar assertion jurisdiction appellees claim due process clause essential ingredient complaint asserting right constitution simply claim made anticipation defense raised action origin state law see also infra previously required minimum amount controversy suits amendment eliminated jurisdictional amount requirement actions brought agency thereof officer employee thereof official capacity pub stat thus action least nrc seem clearly permitted without specification amount controversy see andrus charlestone stone products appellees failure assert basis jurisdiction complaint fatal since facts alleged sufficient support jurisdiction see justice rehnquist suggests appellees taking claim support jurisdiction instead claim adjudicated claims tucker act disagree appellees seeking compensation taking claim properly brought claims requesting declaratory judgment since act provide advance assurance adequate compensation event taking unconstitutional appellees claim tracks quite closely petitioners regional rail reorganization act cases brought well declaratory judgment act see app regional rail reorganization act cases nos declaratory judgment act expand jurisdiction expands scope available remedies allows individuals threatened taking seek declaration constitutionality disputed governmental action potentially uncompensable damages sustained need resolve question whether duke power proper party since jurisdiction appellees claims nrc established duke presence absence makes material difference either consideration merits controversy authority award requested relief detailed explanation nature consequences core melt see question type harm may amount injury fact sufficient lay basis standing aesthetic environmental like economic important ingredients quality life society sierra club morton argued district findings question injury fact upon rely clearly erroneous accepted predicate standing finding clearly erroneous although evidence support reviewing entire evidence left definite firm conviction mistake committed gypsum application standard factual findings district persuade us accepted recent cases required showing substantial likelihood relief requested redress injury claimed satisfy second prong constitutional standing requirement see arlington heights metropolitan housing dev quoting simon eastern ky welfare rights mhdc shown injury likely redressed favorable decision see also warth seldin situation different first renewal considered see see generally green know nuclear power recommendation duke proceed even absence however point view others perceive nuclear power question whether practical undertaking absence act already advised several firms existence required supplier nuclear program exist therefore evaluate extent absence caused disappearance suppliers marketplace arriving recommendation app injury possess required nexus due process challenge injury result nuclear accident causing damages excess liability limitation provisions act linda richard nontaxpayer suit reference made flast nexus requirement course denying appellant standing challenge nonenforcement texas desertion nonsupport statute upon careful reading however clear standing denied absence nexus injury asserted constitutional claim instead unlikelihood relief requested redress appellant claimed injury case thus provides qualitative support broader application flast principles appellants appear advocate cf scott standing functional analysis harv rev time formulation see flast cohen harlan dissenting recently see richardson powell concurring questions whether nexus requirement even context taxpayers suits constitutionally mandated instead simply prudential limitation justice rehnquist undertakes sever action nrc executing indemnity agreements act act alleged constitutional infirmities particularly liability limitation provisions careful examination statutory mechanism indicates separation simply sustained execution indemnification agreements nrc triggers statutory ceiling liability terms applies persons indemnified see supp thus absent execution agreements nrc licensees provisions act appellees object simply come play fact coupled district finding provisions substantial likelihood contemplated plants built operated sufficient establish justiciability appellees claim commission see simon eastern ky welfare rights appellees apparent reliance recent decision national league cities usery argue act encroaches substantial state government interests augmented standard review due process clause warranted nothing national league cities prior due process cases provides support claim various studies considered district indicate considerable uncertainty amount damages result catastrophic nuclear accident see reactor safety study published nrc suggested chance per reactor year accident causing property damage approaching million minor health effects contrast odds reduced range billion per reactor year level damages approached billion early fatalities early illnesses predicted nrc reactor safety study assessment accident risks commercial nuclear power plants thorough criticism reactor safety study see epa reactor safety study review final report june thinking magnitude protection set arbitrary figure seemed practical time think accident happen yet recognize happen wanted base work hearings joint committee atomic energy possible modification extension insurance indemnity act order proper planning nuclear power plants continue without delay remarks holifield emphasis added congress conclusion probabilities nuclear incident much lower likely consequences much less severe thought previously key factor decision increase million liability ceiling past congress provided emergency assistance victims catastrophic accidents even absence prior statutory commitment example congress passed texas city explosion relief act stat provide relief victims explosion ammonium nitrate fertilizer congress took action despite decision dalehite holding free liability federal tort claims act damages incurred injuries suffered recently congress enacted legislation provide relief victims flood resulting collapse teton dam idaho pub stat act secretary interior authorized provide full compensation deaths personal injuries property damage caused failure dam ibid act course significant improvement prior relief efforts provides advance guarantee recovery million plus express commitment congress take whatever steps necessary aid victims nuclear incident cases clearly established person property vested interest rule common law second employers liability cases quoting munn illinois constitution forbid creation new rights abolition old ones recognized common law attain permissible legislative object silver silver despite fact otherwise settled expectations may upset thereby usery turner elkhorn mining see also arizona employers liability cases indeed statutes limiting liability relatively commonplace consistently enforced courts see silver silver supra automobile guest statute providence new york hill mfg limitation vessel owner liability indemnity ins north america pan american airways supp sdny warsaw convention limitation recovery injuries suffered international air travel cf thomason sanchez federal driver act reject outset appellees contention act differs statutes limiting liability act cause tort liability limited put otherwise argument quid pro quo provided act since without nuclear power plants possibility accidents injuries understand argument proceeds premise prior enactment act appellees right cognizable due process clause free nuclear power take advantage state uncertainty inhibited private development nuclear power premise accept appellees relevant right prior enactment act utilize existing remedies vindicate particular harm visited whatever sources act passed right least regard nuclear accidents replaced compensation mechanism statute terms substitution pertinent quid pro quo inquiry appellees insist due process clause requires see rylands fletcher app see generally prosser law torts ed cavers improving financial protection public hazards nuclear power harv rev see supra expert testimony district indicated duke power one largest utilities country expected accumulate million damages claims without reaching point insolvency app amount even coupled amount available private insurance less million provided act moreover liability sufficient magnitude force utility component manufacturer bankruptcy reorganization recovery likely reduced delayed see joint committee atomic energy issues financial protection nuclear activities selected materials atomic energy indemnity insurance legislation comm print see prosser supra act explicitly provides payments aid claimants purpose providing immediate assistance following nuclear incident unlike normal tort recovery situation emergency payments made prior determination injury setting damages conditioned execution release victim ibid appellees also contend act effects unconstitutional taking event catastrophic nuclear accident property destroyed without assurance compensation find unnecessary resolve claim accident constitute taking term construed precedents since reading act withdraw existing tucker act remedy see regional rail reorganization act cases appellees concede tucker act remedy available event nuclear disaster constitutional challenge act compensation clause must fail brief appellees question whether taking claim established fifth amendment matter appropriately left another day justice stewart concurring result difficulty accept proposition federal jurisdiction ed exists least respect suit nuclear regulatory commission agency responsible administration act claim federal law found allegation act enforced deprive appellees certain property rights violation due process clause fifth amendment one property rights perhaps sole cognizable one right recover full compensation tort injuries act impinges right limiting recovery major accidents never accident sheer speculation one ever occur reason think present justiciable controversy appellees without standing initiate litigation issue standing relies present injuries increased water temperatures radiation emissions even assuming act plant exist therefore neither effects environment believe follows appellees standing attack constitutionality act apart connection loosest sense concept relationship injury alleged standing purposes injury alleged federal jurisdiction surely plaintiff standing simply challenge successful remove injury relied standing purposes put defendant existence surely must direct relationship plaintiff federal claim injury relied standing cf arlington heights metropolitan housing dev scrap linda richard interest local water temperature short give appellees standing bring suit ed challenge constitutionality law limiting liability unrelated major nuclear accident reasons remand cases district instructions dismiss complaint justice rehnquist justice stevens joins concurring judgment understand willingness reach merits case thereby remove doubt cast important federal statute however ignores established limitations district jurisdiction carefully defined statutes cases believe preservation limitations long run important jurisprudence resolution particular case controversy however important reverse judgment district instructions dismiss complaint want jurisdiction cf utilities northwestern public service giving conclusory allegations appellees complaint liberal possible reading purport establish two grounds declaratory relief requested first contend act deprives property without due process law irrationally limits tort recovery otherwise available north carolina courts second contend act works unconstitutional taking property public use without compensation purport base district jurisdiction upon ed covers civil action proceeding arising act congress regulating commerce protecting trade commerce restraints monopolies apparent appellees first asserted basis relief state claim arising act complaint alleges operation two power plants cause immediate injury property within vicinity app district explicitly found injuries give rise immediate right action redress law north carolina right action arises soon wrongful act created injury however slight plaintiff supp wdnc citations omitted right action provided state federal law property appellees contend act deprives without due process thus constitutionality act becomes relevant appellant duke power invoke act defense appellees suit recovery north carolina right action long established mere anticipation possible federal defense state cause action sufficient invoke jurisdiction district courts louisville nashville mottley plaintiffs sought compel specific performance contract railroad granted free passes life although contract predicated upon federal law plaintiffs contended jurisdiction established presence act congress forbidding railroads issue free passes held district jurisdiction consider whether act inapplicable unconstitutional settled interpretation words arising used statute conferring jurisdiction suit arises constitution laws plaintiff statement cause action shows based upon laws constitution enough plaintiff alleges anticipated defense cause action asserts defense invalidated provision constitution although allegations show likely course litigation question constitution arise show suit plaintiff original cause action arises constitution fact appellees seek declaratory relief declaratory judgment act ed support different result held complaint rule applied mottley fully applicable cases seeking declaratory relief declaratory judgment act merely expands remedies available district courts without expanding jurisdiction turn federal courts vast current litigation indubitably arising state law sense right vindicated suit declaration rights brought federal courts merely anticipated defense derived federal law skelly oil phillips petroleum see also phillips petroleum texaco wright miller cooper federal practice procedure pp appellees contend act grants personal rights may vindicated federal proceeding since property rights assert arise north carolina law district jurisdiction consider whether setting act congress defense rights deny due process law fifth amendment indeed even contend independent statutory source jurisdiction duke ante suggests instead complaint claim nuclear regulatory commission joint tortfeasor north carolina law administrator unconstitutional federal statute theory complaint alleges existence implied right action fifth amendment obtain relief arbitrary federal statutes hardly said theory case emerges crystal clarity either complaint brief appellees importantly allegation complaint nuclear regulatory commission taken take unconstitutional action complaint alleges commission granted construction permits duke enter agreement indemnify duke nuclear incident exceeding amount subject maximum liability app neither actions alleged unconstitutional gist complaint asserted unconstitutionality supp limits duke liability limitation liability separate apart indemnity agreement commission authorized execute supp commission nothing whatever administration limitation liability whatever administration statute left hands district ed supp district course party suit simply said allegations make actual controversy commission commission may quite interested constitutionality statute hardly sufficient establish justiciable controversy muskrat appellees may damaged duke decision construct plants challenged action defendant commission damage fairly traced simon eastern ky welfare rights duke decided proceed construction despite declaration statute unconstitutionality nothing commission aid appellees prospect effective relief defendant depends actions third party justiciable controversy exists defendant warth seldin short appellees conceivable controversy duke district jurisdiction ii appellees describe second aspect complaint central issue whether circumstances case complete destruction appellees property nuclear accident occurring one duke plants taking term defined fifth amendment brief appellees statement makes clear appellees claim arises act fifth amendment jurisdiction extends actions vindicating rights created act congress compare switchmen national mediation board general committee since maintained act created appellees asserted right free takings public use without compensation follows district jurisdiction may predicated upon district jurisdiction consider claims taking tucker act ed amount controversy exceed act long construed authorizing actions money judgments suits equitable relief richardson morris incontrovertibly established neither claims district courts jurisdiction tucker act issue sort declaratory relief granted compare king thus record establish jurisdictional basis upon district grant declaratory relief appellees taking claim basis district jurisdiction either appellees claims judgment reversed cause remanded instructions dismiss complaint want jurisdiction appellees explicitly abandoned claim based upon equal protection component fifth amendment since case equal protection arguments largely duplicative appellees due process arguments brief appellees asserts decision today undermine complaint doctrine conclusion complaint fairly read stating claim nrc directly due process clause fifth amendment ante supposed claim commission arises federal law since complaint allege district find north carolina law provide remedy joint tortfeasor theory case need decide whether jurisdiction obtained duke power ante particularly felicitous conclusion point view since complaint allege member plaintiff class claim excess duke power prerequisite jurisdiction zahn international paper despite assurances conceivable practical effect today decision erosion complaint doctrine plaintiffs mottley joined defendants federal agency ephemeral relation statute challenged commission statute involved district according today decision jurisdiction consider constitutionality statute even though judgment binding louisville nashville railroad innumerable federal statutes regulations affect daily decisions private parties undoubtedly appreciate sort advisory opinion rendered today validity provisions encourage hope opinions may obtained suing appropriate federal agency claim verges frivolous appellees challenge construction permits rejected carolina environmental study group app true remarks ante absent execution indemnity agreements nrc licensees provisions act appellees object simply come play logical connection however amount allegation commission execution indemnity agreement unconstitutional federal action challenged complaint hypothetical district hypothetical invocation statute event hypothetical nuclear accident entire string hypothetical events action commission alleged unconstitutional concludes ante although appellees contend taking claim cognizable ed grants jurisdiction district courts suit arises constitution cites regional rail reorganization act cases support conclusion claim may maintained course well established questions jurisdiction passed prior decisions sub silentio never considered bound subsequent case finally brings jurisdictional issue us hagans lavine regional rail reorganization act cases opinion even cite statutory basis jurisdiction much less consider validity conclude embraces taking claim makes tucker act largely superfluous cf testan permit district courts consider claims previously litigated claims richardson morris significant expansion jurisdiction district courts accomplished without benefit arguments briefing justice stevens concurring judgment string contingencies supposedly holds litigation together delicate told act financing nuclear power plants development plants private parties hence present injury persons appellees asked remedy alleged due process violation may possibly occur uncertain time future may possibly injure appellees way significant connection present injury remarkable series speculations considered sufficient either make litigation ripe decision establish appellees standing even remarkable occurs case justice rehnquist demonstrates federal jurisdiction first place opinion serve national interest removing doubts concerning constitutionality act therefore criticize statesmanship decision provide country advisory opinion important subject nevertheless view proper function federal structure government limited statesmen judges necessary resolve constitutional issue adjudication actual case controversy duty whenever persuaded reasons expediency engage business giving legal advice chip away part foundation independence strength join justice rehnquist opinion concurring judgment respect whether appellees claim present injury sufficient establish standing noted sort financing essential almost projects public private statutes facilitate may essential financing abound tax statutes statutes prohibiting fraudulent securities transactions one assume however mere neighbors standing litigate legality utility financing cf blue chip stamps manor drug stores