The Low-Level Radioactive Waste Policy Act and the Tenth Amendment: A "Paragon of Legislative Success" or a Failure of Accountability?

The Low-Level Radioactive Waste Policy Act and the Tenth Amendment: A "Paragon of Legislative Success" or a Failure of Accountability?

The 1985 Low-Level Radioactive Waste (LLRW) Policy Act Amendments included developmental milestones and financial incentives to encourage states to site disposal facilities. The <">take title" provision of the act specifies that if a state is unable to provide for the disposal of the...

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Bibliographic Details
Published in:Ecology law quarterly Vol. 20; no. 2; pp. 267 - 312
Main Author: Ashe, A. Marice
Format: Journal Article
Language:English
Published: Berkeley University of California Press 01-01-1993
School of Law of the University of California
Subjects:
COMMENTS
Commercial regulation
Constitution
Environmental policy
Federal and state relations
Federalism
Government
Government regulation
Hazardous waste disposal
Hazardous wastes
Legislation
Liability
Nuclear waste disposal
Pollution
Radioactive waste
Radioactive waste disposal
Sovereign states
Sovereignty
Tenth amendment
United States
Waste disposal facilities
USA
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Summary:The 1985 Low-Level Radioactive Waste (LLRW) Policy Act Amendments included developmental milestones and financial incentives to encourage states to site disposal facilities. The <">take title" provision of the act specifies that if a state is unable to provide for the disposal of the LLRW generated within its jurisdiction, the generating state must take title of the waste and be liable for all damages incurred by the generator or owner. In 1992, the US Supreme Court held that the take title provision intruded on state sovereignty. The history of radiation and LLRW disposal in the US is traced, and the Tenth Amendment tensions between the authority of the federal government and the sovereignty of the states regarding the below regulatory concern and the take title provisions are explored. It is argued that Congress could reenact the provision with the state participation that the Constitution requires.
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ISSN:0046-1121
2831-9176