Court Seeks Views on Waste Compact

[MIannaccone@dhhs.state.nh.us]

10:58 AM ET 10/16/00

Court Seeks Views on Waste Compact

 By LAURIE ASSEO=
Associated Press Writer=
        WASHINGTON (AP) _ The Supreme Court sought the Clinton
administration's views Monday on whether a regional compact should
be allowed to sue North Carolina in the nation's highest court over
its failure to build a low-level radioactive waste facility.
        The justices asked Justice Department lawyers to file a brief
commenting on the case.
        North Carolina was among eight states that originally made up
the Southeast Interstate Low-Level Radioactive Waste Commission _
one of 10 regional compacts formed after Congress in 1980
encouraged states to create disposal facilities for their low-level
radioactive waste.
        The Southeast Compact chose North Carolina as the site for its
regional dump in 1986. The state received $80 million in
development funds, which it spent studying the feasibility of the
project, state officials said. In July 1999, North Carolina
withdrew from the compact.
        The Southeast Compact members voted to fine North Carolina $10
million for backing out and order the state to repay the $80
million.
        The compact's lawyers, saying North Carolina refused to pay the
sanction, filed papers with the Supreme Court in July seeking to
sue the state in the nation's highest court.
        The Constitution gives the court ``original jurisdiction'' to
hear lawsuits between states without first having any other court
hear the dispute.
        Lawyers for the regional compact said the dispute should be
heard in the Supreme Court because it is ``the only forum in which
the states are guaranteed to receive fair and impartial ruling.''
        The six states remaining in the compact are Alabama, Florida,
Georgia, Mississippi, Tennessee and Virginia. South Carolina
dropped out of the compact in 1995.
        The case is Southeast Interstate Low-Level Radioactive Waste
Management Commission v. North Carolina, 131 Original.

Mario Iannaccone,
Health Physicist
Miannacc@dhhs.state.nh.us

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