New York v. United States et al. (505 U.S. 144)
U.S. Supreme Court · decided June 19, 1992 · Supreme Court Database (Spaeth)
- Citation
- 505 U.S. 144 · 112 S. Ct. 2408
- Decided
- June 19, 1992
- Term
- October Term 1991
- Vote
- 6–3
- Majority author
- Justice O'Connor
- Issue area
- Federalism
- Disposition
- Affirmed and reversed (or vacated) in part
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. These cases implicate one of our Nation’s newest problems of public policy and perhaps our oldest question of constitutional law. The public policy issue involves the disposal of radioactive waste: In these cases, we address the constitutionality of three provisions of the Low-Level Radioactive Waste Policy Amendments Act of 1985, Pub. L. 99-240, 99 Stat. 1842, 42 U. S. C. § 2021b et seq. The constitutional question is as old as the Constitution: It consists of discerning the proper division of authority between the Federal Government and the States. We conclude that while Congress has substantial power under the Constitution to encourage the States to provide for the disposal of the radioactive waste generated within their borders, the Constitution ■does not confer upon Congress the ability simply to compel the States to do so. We therefore find that only two of the Act’s three provisions at issue are consistent with the Constitution’s allocation of power to the Federal Government. HH We live m a world full of low level radioactive waste. Radioactive material is present in luminous watch dials, smoke alarms, measurement devices, medical fluids, research materials, and the protective gear and construction materials used by workers at nuclear power plants. Low level radioactive waste is generated by the Government, by…
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