New York v. United States Case Brief Summary | Law Case Explained

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New York v. United States | 505 U.S. 144 (1992)

Following World War II, Congress legislated to allow private industry to take a larger role in the development of nuclear energy. However, the new regulations didn’t address disposal of the radioactive waste produced. By the late 1970s, the nation’s only available radioactive waste depositories were in South Carolina, Nevada, and Washington. After Washington and Nevada temporarily shut down their sites, South Carolina found the volume unmanageable.

As a result, in 1985, Congress passed the Low-Level Radioactive Waste Policy Amendments Act, which incentivized states to dispose of their own waste or enter into regional agreements for out-of-state disposal. The Act utilized a three-pronged strategy. First, a monetary incentive would be available to states that entered regional agreements or opened in-state disposal sites. The incentive would be funded by surcharges on out-of-state waste generators collected by the Secretary of Energy. Second, states lacking waste sites that didn’t join regional compacts could be denied access to out-of-state sites. Third, a take-title provision would require states that didn’t provide for waste disposal to take ownership of the waste and accept responsibility for any liability the waste caused.

New York State had a high number of waste-generators. New York didn’t join a regional compact, but passed a law authorizing an in-state disposal site. Residents near the prospective site locations opposed the measure, and New York sued the federal government in federal court. New York argued that the three prongs of the Act were unconstitutional under the Tenth and Eleventh Amendments and also violated the Fifth Amendment Due Process Clause and the Guarantee Clause of Article IV. The district court dismissed New York’s claim. The Court of Appeals affirmed, and New York petitioned the Supreme Court for certiorari, which was granted.

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