postscript to N.Y. v. U.S.?
bholland at lawschool.gonzaga.edu
Thu Feb 22 11:44:43 PST 2007
I'm pretty new to teaching con law, and after covering N.Y. v. U.S. this
week a student asked whether Justice White's "ultimate irony" in fact
has materialized - Congress centralizing and preempting the regulation
of radioactive waste in a way that cuts states out of the
decision-making process. The Yucca Mountain waste facility in Nevada was
offered as an example. I wasn't sure whether this facility was a product
of the "monetary" and "access" incentives that survived N.Y. v. U.S., or
whether this or any other facility represents post-N.Y. direct federal
I'm looking for the answer on my own, but I thought I would see whether
anyone has one readily available that I could share with the students.
Assistant Professor of Law
Gonzaga University School of Law
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