postscript to N.Y. v. U.S.?

[matthewhpolsci at aol.com]

This question is pure gold for me.
 
I would appreciate receiving copies of any responses by lawyers competent to speak on this question.  I do not claim legal expertise, being an interested outsider on "the law."  But I got into the related question, 30 years ago when I was a new state public service commissioner, of whether the Atomic Energy Act preempted state decision-making on nuclear power plant construction.  Arthur Murphy (Columbia U. Law School) seemed to take that position.  Suffice it to say, as a Wisconsin state commissioner, I had every obligation and incentive to preserve state jurisdiction.
 
I would thus appreciate hearing from anyone who can deal with Professor Holland's question.'
 
Thanks so much, and thanks to Professor Holland's student.
 
Matthew
 
 
 
 
-----Original Message-----
From: bholland at lawschool.gonzaga.edu
To: conlawprof at lists.ucla.edu
Sent: Thu, 22 Feb 2007 1:44 PM
Subject: postscript to N.Y. v. U.S.?


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 regulation.
 
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.
 
Thanks!
Brooks
 
 Brooks Holland
Assistant Professor of Law
Gonzaga University School of Law
(509) 323-6120
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