Policy Gridlock in Waste Management

Abstract
Current federal hazardous and low‐level radioactive waste management policies (under conjoint federalism) fail to balance national concerns for consistency with state concerns for equity, discretion, and adequate resources. Congress should expand conjoint federalism to permit states to charge differential fees on imported hazardous waste as it does for low‐level radioactive waste. For low‐level radioactive waste, clarification of the “take title” issue makes the present framework for state discretion implementable, given sufficient time.