United States v. New Mexico: The reinforcement of a state`s right to impose conditions on federal hazardous waste facilities
Journal Article
·
· Journal of Energy, Natural Resources amp Environmental Law
OSTI ID:478288
In United States v. New Mexico, the Tenth Circuit Court granted New Mexico a large amount of authority under Resource Conservation and Recovery Act (RCRA) to control activities at a federally owned hazardous waste facility, thus enabling the state to ensure compliance with its own statutory requirements. This holding is consistent with prior decisions dealing with RCRA`s waiver of sovereign immunity provision, and the similar provisions of the CWA and the CAA. Significantly, the ruling emphasizes that Congress may authorize states to adopt and enforce regulations to protect the quality of their environments by recognizing a state`s right to impose conditions on federal hazardous waste facilities. Thus, sovereign immunity may be waived and the federal government subjected to suit for noncompliance with state regulations concerning the treatment, storage, and disposal of hazardous waste.
- OSTI ID:
- 478288
- Journal Information:
- Journal of Energy, Natural Resources amp Environmental Law, Journal Name: Journal of Energy, Natural Resources amp Environmental Law Journal Issue: 1 Vol. 16; ISSN 1053-377X; ISSN JENLFS
- Country of Publication:
- United States
- Language:
- English
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