The future of high-level nuclear waste disposal, state sovereignty and the Tenth Amendment

Article Abstract:

The US Court of Appeals for the 9th Circuit ruled in Nevada v. Watkins that 1987 amendments to the Nuclear Waste Policy Act (NWPA) did not violate the Constitution's Tenth Amendment or the Property Clause. Nevada opposed the Dept of Energy selecting Yucca Mountain as the national nuclear waste site as violating their sovereignty, but the court disagreed. In spite of the ruling, federal government attempts to proceed without Nevada's consent will violate the constitutional federalism of the Tenth Amendment, making judicial review rather than the political process available to Nevada.

Nevada, State rights, Case Note, Radioactive waste disposal

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The Seminole decision and state sovereign immunity

Article Abstract:

The US Supreme Court ruled in Seminole Tribe v. Florida that Congress lacked the authority to subject states to private suit in federal court when not legislating under the authority of the 14th Amendment. The Court's interpretation of the 11th Amendment and the preservation of state sovereign immunity was applied to strike down an injunctive action brought against Florida under the Indian Gaming Regulatory Act. In large part, the Court's decision will merely require Congress to follow a more tortuous path to provide private remedies against states under federal law.

Laws, regulations and rules, Government liability

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Equitably treating individual Washington State Forest Trusts: a conceptual approach

Article Abstract:

A new approach to managing consolidated Washington State forest lands is proposed. Topics include allocation of the costs of regulating individual forest trusts, constrained trust benefit maximization, and collectively constrained trust benefits under a state Habitat Conservation Plan.

Washington, Planning, Finance, Forest management, Forest reserves

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