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New York v. United States
United States Supreme Court
505 U.S. 144, 112 S.Ct. 2408 (1992)
In 1985, Congress enacted the Low-Level Radioactive Waste Policy Amendments Act (the Act) to help address issues of low-level radioactive waste disposal among the states. The Act encouraged states to adopt programs to dispose of their own waste by creating three incentives: a monetary incentive to encourage states to open waste sites, an access incentive to allow states without sites to be denied access to other states’ sites, and a take-title provision which required a state, upon request of a waste-generator within its borders, to take title to the waste and pay damages to the generator for any harm caused by the state’s failure to take title. The State of New York (plaintiff) brought suit against the United States government (defendant), alleging that the three provisions of the Act were unconstitutional under the Tenth and Eleventh Amendments, the Due Process Clause, and the Guarantee Clause. The federal district court dismissed the complaint, and the court of appeals affirmed. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (O’Connor, J.)
Concurrence/Dissent (White, J.)
Concurrence/Dissent (Stevens, J.)
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