New York v. United States
Significance, Radioactive Waste, "take-title" Provision, Dissent: Upsetting A "delicate Compromise"
State of New York; County of Allegany, New York; County of Cortland, New York
United States et al.
That the Low-Level Radioactive Waste Act Amendments of 1985, which regulated states' management of nuclear waste, violated the Tenth Amendment's reservation of powers for the states, as well as the Guarantee Clause of the Constitution.
Chief Lawyer for Petitioners
Peter H. Schiff, Deputy Solicitor General of New York
Chief Lawyer for Respondent
Wallace, U.S. Deputy Solicitor General
Justices for the Court
Anthony M. Kennedy, Sandra Day O'Connor (writing for the Court), William H. Rehnquist, Antonin Scalia, David H. Souter, Clarence Thomas
Harry A. Blackmun, John Paul Stevens, Byron R. White
Date of Decision
19 June 1992
That two of the act's three incentives to encourage compliance with federal waste-management laws were constitutional under the Commerce Clause; but that a third provision punishing non-compliance was unconstitutional, because it violated the Tenth Amendment.
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- New York v. United States - Significance
- New York v. United States - Further Readings
- New York v. United States - Radioactive Waste
- New York v. United States - "take-title" Provision
- New York v. United States - Dissent: Upsetting A "delicate Compromise"
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