Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/5

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Cite as: 560 U. S. ____ (2010)
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Opinion of the Court

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash­ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES

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No. 132, Orig.

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STATE OF ALABAMA, STATE OF FLORIDA, STATE OF TENNESSEE, COMMONWEALTH OF VIRGINIA, AND SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION, PLAINTIFFS v. STATE OF NORTH CAROLINA

ON EXCEPTIONS TO THE PRELIMINARY AND SECOND REPORTS OF THE SPECIAL MASTER

[June 1, 2010]

JUSTICE SCALIA delivered the opinion of the Court.

In this case, which arises under our original jurisdiction, U. S. Const., Art. III, §2, cl. 2; 28 U. S. C. §1251(a), we consider nine exceptions submitted by the parties to two reports filed by the Special Master.

I

In 1986, Congress granted its consent under the Com­pact Clause, U. S. Const., Art. I, §10, cl. 3, to seven inter­state compacts providing for the creation of regional facili­ties to dispose of low-level radioactive waste. Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act, 99 Stat. 1859. One of those compacts was the South­east Interstate Low-Level Radioactive Waste Management Compact (Compact), entered into by Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. Id., at 1871–1880. That Com­pact established an “instrument and framework for a cooperative effort” to develop new facilities for the long­-