State of Alabama, et al., Plaintiffs v. State of North Carolina. (560 U.S. 330)
U.S. Supreme Court · decided June 1, 2010 · Supreme Court Database (Spaeth)
- Citation
- 560 U.S. 330 · 130 S. Ct. 2295
- Decided
- June 1, 2010
- Term
- October Term 2009
- Vote
- 6–3
- Majority author
- Justice Scalia
- Issue area
- Economic Activity
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. In this case, which arises under our original jurisdiction, U. S. Const., Art. Ill, §2, cl. 2; 28 U. S. C. § 1251(a), we consider nine exceptions submitted by the parties to two reports filed by the Special Master. I In 1986, Congress granted its consent under the Compact Clause, U. S. Const., Art. I, §10, cl. 3, to seven interstate compacts providing for the creation of regional facilities to dispose of low-level radioactive waste. Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act, 99 Stat. 1859. One of those compacts was the Southeast Interstate Low-Level Radioactive Waste Management Compact (Compact), entered into by Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. Id., at 1871-1880. That Compact established an “instrument and framework for a cooperative effort” to develop new facilities for the long-term disposal of low-level radioactive waste generated within the region. Art. 1, id., at 1872. The Compact was to be administered by a Southeast Interstate Low-Level Radioactive Waste Management Commission (Commission), composed of two voting members from each party State. Art. 4(A), id., at 1874. A pre-existing facility in Barnwell, South Carolina, was to serve as the initial facility for regional generators to dispose of their low-level radioactive waste. Art.…
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