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Constitutional Law Keyed to Choper
New York v. United States
Citation:
505 U.S. 144 (1992)Facts
In response to a national shortage of disposal sites for low-level radioactive waste, Congress passed the Low-Level Radioactive Waste Policy Amendments Act of 1985. The Act established a series of incentives to encourage states to comply with their statutory obligation to provide for disposal of waste generated within their borders. These incentives included: monetary incentives, access incentives allowing states to deny access to their disposal facilities, and the “take title” provision, which required states that failed to provide for waste disposal to take title to and possession of the waste and assume liability for damages. New York, initially supportive of the Act, later challenged its constitutionality, arguing that the incentives, particularly the “take title” provision, violated the Tenth Amendment by coercing states to implement federal legislation.
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