This so-called anti-commandeering doctrine was first recognized by the Supreme Court in 1995 in New York vs. United States. In that case, the federal government wanted each state to regulate nuclear waste according to federal guidelines. Under the federal statute, if a state did not adopt the policies the federal government favored, that state was required to “take title” to all the waste generated by utility companies and other producers within in its boundaries — and thus assume liability for any harm the waste caused.

Source: Los Angeles Times April 15, 2019 18:45 UTC