new york v united states

Brief for Rocky Mountain LowLevel Radioactive Waste Compact et al. By either of these methods, as by any other permissible method of encouraging a State to conform to federal policy choices, the residents of the State retain the ultimate decision as to whether or not the State will comply.

Moreover, where Congress has the authority to regulate private activity under the Commerce Clause, it may, as part of a program of "cooperative federalism," offer States the choice of regulating that activity according to federal standards or having state law pre-empted by federal regulation. to which such laws would prevent the State from functioning as a sovereign; Read our student testimonials. The delegates' many descriptions of the Virginia and New Jersey Plans speak only in general terms about whether Congress was to derive its authority from the people or from the States, and whether it was to issue directives to individuals or to States.

You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Moreover, the majority fails to mention the New Deal era, in which the Court recognized the enormous growth in Congress' power under the Commerce Clause. the accountability of both state and federal officials is diminished. Either the state could (i) take title to the waste and risk whatever liability that followed, or (ii) regulate the disposal according to the congressional mandate. The conditions imposed are unambiguous, Pennhurst State School and Hospital v. Halderman, 451 U. S., at 17; the Act informs the States exactly what they must do and by when they must do it in order to obtain a share of the escrow account. 2796, as amended, 42 U. S. C. § 6901 et seq., see Department of Energy v. Ohio, 503 U. S. 607, 611-612 (1992); and the Alaska National Interest Lands Conservation Act, 94 Stat.

First, under Congress' spending power, "Congress may attach conditions on the receipt of federal funds." JUSTICE STEVENS, concurring in part and dissenting in part. . New York v. United States centers on the notion of federalism.

Three such incentives were at issue in this matter. New York v. United States.

U. S.

1 Records of the Federal Convention of 1787, p. 21 (M. Farrand ed. See 126 Congo Rec. Notes * Together with No. 513, 560-565 (1962). this is not an argument respondents make, one naturally wonders why the 91-563, County of Cortland, New York v. United States et al., also on certiorari to the same court. means that some other State's sovereignty will be impinged by it being

42 U. S. C. § 2021e(d)(2)(E). Id., at 4, n. Only three sites existed in the country for the disposal of low-level radioactive waste, and the "sited" States confronted the undesirable alternatives either of continuing to be the dumping grounds for the entire Nation's low-level waste or of eliminating or reducing in a constitutional manner the amount of waste accepted for disposal. The view that the Guarantee Clause implicates only nonjusticiable political questions has its origin in Luther v. Borden, 7 How. The only “choice” states have with the take-title provision is either to take ownership of waste, or regulate in accordance with federal direction. 91-563, County of Cortland, New York v. United States … The 1985 Act was again based largely on a proposal submitted by the National Governors' Association.

The alleged diminution in state authority over its own affairs is not any less because the federal mandate restricts the activities of private parties. The Government regulates state-operated railroads, state school systems, state prisons, state elections, and a host of other state functions. Pp. Cf.

Finally, States that have not filed complete applications by January 1, 1992, for a license to operate a disposal facility, or States belonging to compacts that have not filed such applications, may be charged triple surcharges. 1484, 1491-1511 (1987), but they need not concern us here. In no case has the Court rested its holding on such a distinction. Cf. account to each State that has complied with a series of deadlines..... 2.

Compare, e. g., United States v. Butler, supra, at 72-75 (spending power does not authorize Congress to subsidize farmers), with South Dakota v. Dole, 483 U. S. 203 (1987) (spending power permits Congress to condition highway funds on States' adoption of minimum drinking age). 183-186.

Colorado v. New Mexico, 459 U. S. 176, 185 (1982) (citing Wyoming v. Colorado, 259 U. S. 419 (1922)). 333 (1969); Scheiber, State Law and "Industrial Policy" in American Development, 1790-1987, 75 Calif. L. Rev. provisions of the Constitution or one of discerning the core of sovereignty resources among the States, a category perhaps broad enough to encompass storage facilities for its low-level radioactive waste, other States with 4 id., at 153.

compromises they had reached.... To justify its holding that the take-title provision contravenes the See, e. g., The Federalist No. Not so. Moreover, the Supremacy Clause makes federal law paramount over the contrary positions of state officials; the power of federal courts to enforce federal law thus presupposes some authority to order state officials to comply.

See Garcia v. San Antonio Metropolitan Transit Authority, 469 U. S. 528 (1985) (declining to review limitations placed on Congress' Commerce Clause powers by our federal system)." the fundamental limitation that the constitutional scheme imposes on the Commerce Clause to protect the 'States as States' is one of process rather than one of result. The Low-Level Radioactive Waste Policy Amendments Act of 1985 included three incentive provisions to encourage states to address the shortage of waste disposal sites. an arbiter of interstate disputes.

exclude waste from nonmembers, and the remaining 31 States would have had As it was undertaking these initial steps to honor the interstate compromise embodied in the 1985 Act, New York continued to take full advantage of the import concession made by the sited States, by exporting its low-level radioactive waste for the full 7-year extension period provided in the 1985 Act.

The Court has made the same point with more rhetorical flourish, although perhaps with less precision, on a number of occasions. The take-title provision. 942 F.2d 114 (CA2 1991). such plants must accept New York's waste, whether they wish to or not. Charles Pinckney, another delegate at the Constitutional Convention, emphasized to the South Carolina House of Representatives that in Philadelphia "the necessity of having a government which should at once operate upon the people, and not upon the states, was conceived to be indispensable by every delegation present." As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course.

The waste must be isolated from humans for long periods of time. The constitutional authority of Congress cannot be expanded by the "consent" of the governmental unit whose domain is thereby narrowed, whether that unit is the Executive Branch or the States. The provision moves from encouragement to coercion. Ibid. No contracts or commitments. Such concerns would have been mooted had Congress enacted a "federal" solution, which the Senate considered in July 1980. Moreover, it is utterly reasonable that, in crafting a delicate compromise between the three overburdened States that provided low-level radioactive waste disposal facilities and the rest of the States, Congress would have to ratify some punitive measure as the ultimate sanction for noncompliance. This case implicates one of our Nation's newest problems of public policy,

In addition to compensating injured parties for the State's failure to act, the exposure to liability established by such suits also potentially serves as an inducement to compliance with the program mandate. The State of New York (plaintiff) brought suit against the United States government (defendant), alleging that the three provisions of the Act were unconstitutional under the Tenth and Eleventh Amendments, the Due Process Clause, and the Guarantee Clause.

Art. 1. https://supreme.justia.com/cases/federal/us/505/144/case.html. Gregory v. Ashcroft, 501 U. S., at 464.

The Secretary then makes payments from this account to each State that has complied with a series of deadlines. At that time the facility in Barnwell, South Carolina, received approximately three-quarters of the Nation's low-level radioactive waste, and the Governor ordered a 50 percent reduction in the amount his State's plant would accept for disposal. WHITE, J., filed an opinion concurring in part and dissenting in part, in which BLACKMUN and STEVENS, JJ., joined, post, p. 188. Yet the powers conferred upon the Federal Government by the Constitution were phrased in language broad enough to allow for the expansion of the Federal Government's role. 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.

In Hodel, the Court upheld the Surface Mining Control and Reclamation Act of 1977 precisely because it did not "commandeer" the States into regulating mining. encouraging a State to conform to federal policy choices, the residents Finally, our precedents leave open the possibility that Congress may create federal rights of action in the generators of low-level radioactive waste against persons acting under color of state law for their failure to meet certain functions designated in federal-state programs.

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