Chemical Waste Management, Inc. v. Hunt

Chemical Waste Management, Inc. v. Hunt
Chemical Waste Management, Inc. v. Hunt
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 21, 1992
Decided June 1, 1992
Full case name Chemical Waste Management, Inc. v. Guy Hunt, Governor of Alabama et al.
Citations 504 U.S. 334 (more)
112 S.Ct. 2009, 34 ERC 1721, 119 L.Ed.2d 121, 60 USLW 4433, 22 Envtl. L. Rep. 20,909
Prior history In City of Philadelphia v. New Jersey, the court ruled that New Jersey's ban of out-of-state solid waste was facially discriminatory to the state's residents in a national market and was therefore overturned.
Holding
No state may attempt to isolate itself from a problem common to the several States by raising barriers to the free flow of interstate trade.
Court membership
Chief Justice
William Rehnquist
Case opinions
Majority White, joined by Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas
Dissent Rehnquist
Laws applied
Dormant Commerce Clause

Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334 (1992), was a United States Supreme Court case that held that an Alabama law imposing a fee on out-of-state hazardous waste being disposed of in-state violated the Dormant Commerce Clause. Justice White explained that "No state may attempt to isolate itself from a problem common to the several States by raising barriers to the free flow of interstate trade," relying on Philadelphia v. New Jersey as precedent. The state law was found to discriminate against out-of-state commerce. Chief Justice Rehnquist dissented arguing that States may wish to avoid the risks to public health and environment by regulating the disposal of hazardous waste.

See also

Further reading

  • O'Leary, Rosemary (1997). "Trash Talk: The Supreme Court and the Interstate Transportation of Waste". Public Administration Review (American Society for Public Administration) 57 (4): 281–284. doi:10.2307/977308. JSTOR 977308. 

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