LLRWPAALow-Level Radioactive Waste Policy Amendments Act
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United States, was the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA), and in particular a take-title provision that required states that failed to provide by a certain date for the disposal of the waste produced within their borders "to take possession of the waste." In a 6-3 decision, the Court invalidated the take-title provision on the ground that Congress had "commandeer[ed] the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program," and therefore had violated the Tenth Amendment.
William Hazeltine argued in regard to New York that "the actual holding is extremely narrow," in that the take-title provision was only one of three main provisions in the LLRWPAA, and the other provisions remained in effect.
In regard to New York, Congress was content to permit the take-title provision to be severed from the LLRWPAA and to rely on the two surviving provisions to encourage states to manage their waste properly.