New York v. United States

New York v. United States, 505 U.S. 144 (1992), is a landmark decision of the United States Supreme Court.

Congress enacted the Low-Level Radioactive Waste Policy Amendments Act, which included a ’take title’ provision requiring states to either regulate waste disposal according to federal standards or take title to the waste, making states liable for damages. New York challenged the provision as violating the Tenth Amendment and federalism principles.

Significance

Justice O’Connor’s 6-3 opinion struck down the take title provision as violating the Tenth Amendment. Congress cannot commandeer state legislative or executive processes by requiring states to enact or administer federal regulatory programs. While Congress can encourage states through conditional spending or offer states the choice between regulating according to federal standards and having state law preempted, it cannot directly compel states to implement federal policy. The ‘anti-commandeering’ doctrine became a key limit on federal power.

Category

US Federal Case Law