In a split opinion, the Court held that the state of Virginia's ban on uranium mining did not conflict with the Atomic Energy Act.

[3] Local businesses also criticized the proposed uranium mining project, citing potential harm to agriculture, tourism, and other economic development opportunities.

[7] State Senators John Watkins and Richard Saslaw sponsored a bill that would have created a licensing scheme for issuing uranium permits in 2013.

[8] However, following the election of Virginia Governor Terry McAuliffe and his vow to veto any effort to lift the uranium ban, VUI decided to pursue a judicial remedy instead.

[2] VUI's argument is that Virginia's ban on mining was in fact motivated by health and safety concerns related to milling ore and storing the waste.

[10][8] VUI appealed again, this time to the United States Supreme Court, which granted a writ of certiorari agreeing to hear the case on May 21, 2018.

However, they did not join the part of Gorsuch's opinion which discussed role of inquiring into the state legislature's purpose, which they viewed as falling outside the scope of the case.