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Author Kearney, R. C.
Source United States Department of Energy Office of Scientific and Technical Information
Content type Text
Language English
Subject Keyword NUCLEAR FUEL CYCLE AND FUEL MATERIALS ♦ ENERGY PLANNING, POLICY AND ECONOMY ♦ MANAGEMENT OF RADIOACTIVE AND NON-RADIOACTIVE WASTES FROM NUCLEAR FACILITIES ♦ LOW-LEVEL RADIOACTIVE WASTES ♦ MANAGEMENT ♦ RADIOACTIVE WASTE MANAGEMENT ♦ LEGAL ASPECTS ♦ NUCLEAR WASTE POLICY ACTS ♦ LAWS ♦ MATERIALS ♦ RADIOACTIVE MATERIALS ♦ RADIOACTIVE WASTES ♦ WASTE DISPOSAL ACTS ♦ WASTE MANAGEMENT ♦ WASTES ♦ Nuclear Fuels- Legislation & Regulations- (1987-) ♦ Energy Planning & Policy- Policy, Legislation, & Regulation ♦ Nuclear Fuels- Waste Management ♦ Nuclear Fuels- Environmental Aspects- Siting- (1992-)
Abstract This article examines state efforts to implement the Low-Level Radioactive Waste Policy Act of 1980 and its 1985 amendments, and the significance of New York v. United States et al. for low-level waste (LLW) facility siting. Interstate compacting under the act has been successful for compact regions encompassing previously operating disposal facilities, but elsewhere the process is in gridlock. The principal cause of siting failures is the NIMBY phenomenon, which obstructed new facility identification and siting. Little reason is found for optimism in surmounting NIMBY opposition. The New York decision, which voided a take-title provision from the LLW Policy Act while retaining other state siting incentives, could negatively affect LLW policy implementation by weakening the critical set of policy hammers. The prognosis is more positive for federalism. Although the Court eschewed an opportunity to revisit Garcia in its narrowly tailored decision, it did revive its role as federal umpire in a case involving the constitutional division of authority between the federal government and the status. 70 refs.
ISSN 00485950
Educational Use Research
Learning Resource Type Article
Publisher Place United States
Journal Publius. The Journal of Federalism
Volume Number 23
Issue Number 3


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