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.
Video Chemical Waste Management, Inc. v. Hunt
Opinion of the Court
The state law was found to discriminate against out-of-state commerce. 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 (1978) as precedent.
Dissent
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. He continued to say that since taxes are a recognized and effective means for discouraging the consumption of scarce commodities, which he in this case had deemed the environment. Then there was nothing unconstitutional or discriminatory about the state of Alabama's taxes.
Maps Chemical Waste Management, Inc. v. Hunt
Related cases
- White v. Massachusetts Council of Constr. Employers, Inc., 460 U.S. 204, 206 -208 (1983)
- Reeves, Inc. v. Stake, 447 U.S. 429, 436 -437 (1980)
- Hughes v. Alexandria Scrap Corp., 426 U.S. 794, 810 (1976)
See also
- Emelle, Alabama
- Environmental dumping
- List of United States Supreme Court cases, volume 504
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
References
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.
External links
- Full Text
- Full Text of Volume 504 of the United States Reports at www.supremecourt.gov
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