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RICHMOND CTY. v. RADIOACTIVE WASTE MGT. AUTHORITY

No. 105A93.

436 S.E.2d 113 (1993)

335 N.C. 77

RICHMOND COUNTY v. The NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AUTHORITY, A Body Corporate, and Chem-Nuclear Systems, Inc. CHATHAM COUNTY and Wake County v. The NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AUTHORITY and Chem-Nuclear Systems, Inc. (Two Cases). RICHMOND COUNTY v. NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AUTHORITY and Chem-Nuclear Systems, Inc.

Supreme Court of North Carolina.

November 5, 1993.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by Gary S. Hemric, Mark T. Calloway, and John S. Arrowood, Charlotte, for plaintiff-appellant Richmond County.

Tharrington, Smith & Hargrove by Michael Crowell, Raleigh and Gunn & Messick by Robert L. Gunn, Pittsboro, for plaintiff-appellant Chatham County; and Wake County Attorney's Office by Michael Ferrell, Raleigh, for plaintiff-appellant Wake County.

Michael F. Easley, Atty. Gen. by Gayl M. Manthei, Sp. Deputy Atty. Gen., and Smith Helms Mulliss & Moore by Richard W. Ellis, Gary R. Govert, and Matthew W. Sawchak, Raleigh, for defendant-appellee North Carolina Low-Level Radioactive Waste Management Authority.

Moore & Van Allen, by David E. Fox, Raleigh for defendant-appellee Chem-Nuclear Systems, Inc.

MEYER, Justice.

In 1980, Congress enacted the Low-Level Radioactive Waste Policy Act, 42 U.S.C. §§ 2021b-2021j (1980). The Act declared as federal policy that states should be responsible for low-level radioactive waste generated within their borders and that such waste could be most safely and efficiently managed on a regional basis. 42 U.S.C. § 2021d(a)(1). The law authorized states to enter interstate compacts and encouraged their use by providing...

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