Duke Power Co. v. Carolina Environmental Study Group, Inc., et al.
The United States Supreme Court overturned the United States District Court for the Western District of North Carolina's decision that the Price Anderson Act violated equal protection by treating victims of nuclear accidents differently from the victims of other industrial accidents.
438 U.S. 59 · No. 77-262 · 1977 term · Burger Court
Decided Jun 26, 1978 · argued Mar 20, 1978
Economic activity · Federal and some few state regulation of public utilities regulation: nuclear power
Majority opinion: Warren Burger
The voteMajorityDissent
6–36 in the majority, 3 in dissent
3 dissents (6–3)
Reversed and remanded. Duke Power Co. won.
What this ruling means
Reversed and remanded: the Supreme Court overturned the decision of the North Carolina Western U.S. District Court and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.
Duke Power Co. was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59 (1978), was a case in which the United States Supreme Court overturned the United States District Court for the Western District of North Carolina's decision that the Price Anderson Act violated equal protection by treating victims of nuclear accidents differently from the victims of other industrial accidents.
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 1977 term. Filled: the 6 in the majority. Hollow: the 3 in dissent. Colour is the party of the president who appointed them.
Majority(6)
Warren BurgerWrote the majority opinion
Thurgood MarshallJoined the majority
William BrennanJoined the majority
Byron WhiteJoined the majority
Harry BlackmunJoined the majority
Lewis PowellJoined the majority
Dissent(3)
John StevensWrote a dissent
Potter StewartWrote a dissent
William RehnquistWrote a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- Duke Power Co.Nuclear power plant or facility
- Respondent
- Carolina Environmental Study Group, Inc., et al.Environmental organization
- Reached the Court by
- Appeal (the Court was required to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- Atomic Energy
- Kind of law
- Federal Statute
- Decided by
- Statutory construction
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Jun 26, 1978DecidedDecided · Decided 6–3: reversed and remanded. Duke Power Co. won.
- Mar 20, 1978ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · Reached the Supreme Court on appeal, which the Court had to hear.
- Not datedCourt belowCourt below · Began in and was decided by the North Carolina Western U.S. District Court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
Other decisions on the same issue
4 other argued cases since 1946 on federal and some few state regulation of public utilities regulation: nuclear power, newest first.
- United States v. Eurodif S. A. et al.555 U.S. 305Jan 26, 2009 · 555 U.S. 305Economic activity9–0Unanimous band
- Mississippi Power & Light Co. v. Mississippi ex rel. Moore, Attorney General of Mississippi, et al.487 U.S. 354Jun 24, 1988 · 487 U.S. 354Economic activity6–36–3 band
- Huffman et al. v. Western Nuclear, Inc., et al.486 U.S. 663Jun 15, 1988 · 486 U.S. 663Economic activity9–0Unanimous band
- Power Reactor Development Co. v. International Union of Electrical, Radio and Machine Workers, AFL-CIO, et al.367 U.S. 396Jun 12, 1961 · 367 U.S. 396Economic activity7–27–2 band
Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.