Low-Level Radioactive Waste Management: Environmental Policy, Federalism, and New York

This article examines state efforts to implement the Low-LevelRadioactive Waste Policy Act of 1960 and its 1985 amendments,and the significance of New York v. United States et al. forlow-level waste (LLW) facility siting. Interstate compactingunder the act has been successful for compact regions encompassingpreviously operating disposal facilities, but elsewhere theprocess is in gridlock. The principal cause of siting failuresis the NIMBY phenomenon, which obstructed new facility identificationand siting. Little reason is found for optimism in surmountingNIMBY opposition. The New York decision, which voided a take-titleprovision from the LLW Policy Act while retaining other statesiting incentives, could negatively affect LLW policy implementationby weakening the critical set of policy hammers. The prognosisis more positive for federalism. Although the Court eschewedan opportunity to revisit Garcia in its narrowly tailored decision,it did revive its role as federal umpire in a case involvingthe constitutional division of authority between the federalgovernment and the states.