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Argued March 30, 1992.
Decided June 19, 1992.
Attorney(s) appearing for the Case
Peter H. Schiff, Deputy Solicitor General of New York, argued the cause for petitioners in all cases. With him on the briefs for petitioner in No. 91-543 were Robert Abrams, Attorney General, Jerry Boone, Solicitor General, and John McConnell, Assistant Attorney General. Edward F. Premo II filed briefs for petitioner in No. 91-558. Michael B. Gerrard, Deborah Goldberg, and Patrick M. Snyder filed briefs for petitioner in No. 91-563.
Deputy Solicitor General Wallace argued the cause for the federal respondents in all cases. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General Hartman, Ronald J. Mann, Anne S. Almy, Louise F. Milkman, and Jeffrey P. Kehne. William B. Collins, Senior Assistant Attorney General of Washington, argued the cause for the state respondents in Nos. 91-543 and 91-563. On the brief were Kenneth O. Eikenberry, Attorney General of Washington, T. Travis Medlock, Attorney General of South Carolina, and James Patrick Hudson, Deputy Attorney General, Frankie Sue Del Papa, Attorney General of Nevada, and Allen T. Miller, Jr., Assistant Attorney General.†
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Thomas, JJ., joined, and in Parts III—A and III—B of which White, Blackmun, and Stevens, JJ., joined. White, J., filed an opinion concurring in part and dissenting in part, in which Blackmun and Stevens, JJ., joined, p. 188. Stevens, J., filed an opinion concurring in part and dissenting in part, p. 210.
United States Supreme Court.
Justice O'Connor, delivered the opinion of the Court.
These cases implicate one of our Nation's newest problems of public policy and perhaps our oldest question of constitutional law. The public policy issue involves the disposal of radioactive waste: In these cases, we address the constitutionality of three provisions of the Low-Level Radioactive Waste Policy Amendments Act of 1985, Pub. L. 99-240, 99 Stat. 1842, 42 U. S...
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