New York v. United States
United States Supreme Court
505 U.S. 144 (1992)
Congress's 1985 Low-Level Radioactive Waste Policy Amendments Act offered states monetary incentives, access incentives, and a "take title" provision requiring a state, if a waste generator within its borders requested, to take title to the generator's low-level radioactive waste and become liable for resulting damages if the state failed to provide disposal capacity. New York (plaintiff) sued the United States (defendant), arguing all three provisions were unconstitutional under the Tenth Amendment and other constitutional provisions; the district court dismissed the suit and the court of appeals affirmed, prompting Supreme Court review.
Whether Congress may constitutionally require a state, through a "take title" provision, to either regulate radioactive waste according to federal standards or take ownership of and liability for the waste itself.