| New York v. United States | |
|---|---|
 | |
| Argued March 30, 1992 Decided June 19, 1992 | |
| Full case name | New York, Petitioner, v. United States et al.; County of Allegany, New York, Petitioner, v. United States; County of Cortland, New York, Petitioner, v. United States et al. |
| Citations | 505 U.S. 144 (more) 112 S. Ct. 2408; 120 L. Ed. 2d 120; 1992 U.S. LEXIS 3693; Nuclear Reg. Rep. (CCH) ¶ 20,553; 34 ERC 1817; 60 USLW 4603; 22 Envtl. L. Rep. 21,082 |
| Case history | |
| Prior | 757 F. Supp. 10 (N.D.N.Y. 1990), aff'd, 942 F.2d 114 (2d Cir. 1991), cert. granted, 502 U.S. 1023 (1992). |
| Subsequent | 978 F.2d 705 (2d Cir. 1992) |
| Holding | |
| The "take title" provision of the Low-Level Radioactive Waste Policy Amendments Act violates the Tenth Amendment and exceeds Congress's power under the Commerce Clause. | |
| Court membership | |
| |
| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, Scalia, Kennedy, Souter, Thomas; White, Blackmun, Stevens (Parts III-A and III-B) |
| Concur/dissent | White, joined by Blackmun, Stevens |
| Concur/dissent | Stevens |
| Laws applied | |
| U.S. Const. amend. X; U.S. Const. Art. I; Low-Level Radioactive Waste Policy Amendments Act of 1985 | |
New York v. United States, 505 U.S. 144 (1992), was a decision of the United States Supreme Court. Justice Sandra Day O'Connor, writing for the majority, found that the federal government may not require states to “take title” to radioactive waste through the "Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act, which the Court found to exceed Congress's power under the Commerce Clause.[1] The Court permitted the federal government to induce shifts in state waste policy through other means.[2]