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Constitutional Law Keyed to Maggs
New York v. United States
Citation:505 U.S. 144 (1992)
Since 1979 only three disposal sites – those in Nevada, Washington, and South Carolina – have been in operation for radioactive waste disposal. Waste generated in the rest of the country must be shipped to one of these three sites for disposal. In 1979, both the Washington and Nevada sites were forced to shut down temporarily, leaving South Carolina to shoulder the responsibility of storing low level radioactive waste produced in every part of the country. The Governor of South Carolina ordered a 50% reduction in the quantity of waste accepted at the Barnwell site. The Governors of Washington and Nevada announced plans to shut their sites permanently. Congress responded by enacting the Low-Level Radioactive Waste Policy Amendments of 1985. The Act authorized States to enter into regional compacts that would have the authority 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.
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