Tenth Amendment and the Federal Power to Direct Low-Level Radioactive Waste Disposal: New York v. United States, The

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Lingelbach, John M.

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1993

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26

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INTRODUCTION|In New York V. United States, the United States Supreme Court invalidated portions of the Low-Level Radioactive Waste Policy Amendments Act of 1985 ("Amendments"). The Amendments were passed by Congress in an effort to address the nation's pressing low-level radioactive waste disposal problems. The "take-title" provision of the Amendments, which imposed penalties on states that do not provide for disposal of low-level radioactive waste ("LLRW") by specified dates, was declared unconstitutional as a violation of the Tenth Amendment of the United States Constitution...

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26 Creighton L. Rev. 557 (1992-1993)

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Creighton University School of Law

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