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Constitutional Law Keyed to Levinson
New York v. United States
Citation:
505 U.S. 144 (1992)Facts
The State of New York (Petitioner) argued that the Low-Level Radioactive Waste Policy Act and the three incentives provided by the Act that seek to encourage the States to comply with their statutory obligation to provide for the disposal of waste generated within their borders violate the Constitution. The United States (Respondent) had enacted the Act after in 1979, both the Washington and Nevada radioactive waste 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, prompting the passage of the Act.
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