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after Garcia overruled National League of Cities the role of the 10th amendment as a constitutional federal regulations seemed uncertain another line of case law has emerged to be new life into the 10th amendment however focused on the commandeering of state government resources the first of these cases in our discussion is New York v u.s. decided in 1990 to recall the cooperative federalism that we introduced in the previous unit the notion of cooperative federalism is that some problems are best handed handled under a regulatory scheme that shares responsibility between the federal government and state governments as you might guess these tend to be large expensive problems that potentially involve externalities such as environmental issues the regulatory scheme in New York V us concerned low-level radioactive waste or LLR W this kind of waste is produced by nuclear power plants and also by private industry hospitals and research institutions because of its radioactivity this kind of
