Alabama v. North Carolina — Breyer, J., Concurring in Part and Dissenting in Part

Summary

Justice Breyer argues that North Carolina breached the Southeast Interstate Low-Level Radioactive Waste Management Compact by suspending waste disposal construction efforts without taking other steps toward the obligation, despite the Commission stopping funding advances. He contends the Compact placed ultimate funding responsibility on host states, that North Carolina's inactivity breached the "appropriate steps" obligation, and that withdrawal did not cure the failure. Separate opinions by Roberts (dissenting on sovereign immunity jurisdiction) and Kennedy (agreeing with good faith interpretation) contest these views.