Constitutional Law Keyed to Feldman
New York v. United States
Facts
Congress enacted the Low-Level Radioactive Waste Policy Amendments Act of 1985 (the Act). The Act attempted to force states to arrange for the disposal of radioactive waste. The three parts of the Act were: (1) a monetary incentive to encourage states to open their own waste sites; (2) an access incentive, where states without waste sites could be denied access to waste sites in other states; and (3) a take title incentive, where a state that did not arrange for disposal of its waste would be required to take ownership of the waste. Under the take title provision, states would be liable for damages incurred by the waste owner or as a result of failure to have their own waste disposal site. New York claimed the Act violated the Tenth Amendment of the United States Constitution (Constitution), by invading the sovereignty of the state. New York appealed to the Supreme Court of the United States (Supreme Court).
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