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Constitutional Law Keyed to Rotunda
New York v. United States
Citation:
505 U.S. 144 (1992)Facts
Faced with the possibility that the Nation would be left with no disposal sites for low level radioactive waste, Congress responded by enacting the Low-Level Radioactive Waste Policy Act. Relying on the evidence submitted, Congress authorized States to enter into regional compacts that would have the authority beginning in 1986 to restrict the use of their disposal facilities to waste generated within member States. The Act included no penalties for States that failed to participate in this plan. By 1985, only three approved regional compacts had operational disposal facilities. The Act gave these three compacts the ability to exclude waste from nonmembers and the remaining 31 States had no assured outlet for their low level radioactive waste. Congress provided three incentives to encourage the States to comply with their statutory obligation: monetary incentives, access incentives, and the take title provision.
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