philadelphia
new
jersey
argued
march
decided
june
new
jersey
statute
ch
prohibits
importation
solid
liquid
waste
originated
collected
outside
territorial
limits
state
held
violate
commerce
clause
constitution
pp
objects
interstate
trade
merit
commerce
clause
protection
none
excluded
definition
commerce
outset
hence
contrary
suggestion
doubt
banning
valueless
wastes
ch
implicates
constitutional
protection
bowman
chicago
distinguished
pp
crucial
inquiry
must
directed
determining
whether
ch
basically
economic
protectionist
measure
thus
virtually
per
se
invalid
law
directed
legitimate
local
concerns
incidental
effects
interstate
commerce
pike
bruce
church
pp
since
evil
protectionism
reside
legislative
means
well
legislative
ends
immaterial
whether
legislative
purpose
ch
protect
new
jersey
environment
economy
whatever
purpose
may
accomplished
discriminating
articles
commerce
coming
outside
state
unless
reason
apart
origin
treat
differently
face
plain
effect
ch
violates
principle
state
may
attempt
isolate
problem
common
many
erecting
barrier
movement
interstate
trade
ch
seeks
imposing
commercial
interests
full
burden
conserving
new
jersey
remaining
landfill
space
pp
new
jersey
statute
likened
quarantine
law
bans
importation
articles
commerce
innate
harmfulness
origin
though
new
jersey
concedes
waste
different
domestic
waste
banned
former
leaving
landfill
sites
open
latter
thus
trying
saddle
outside
state
entire
burden
slowing
flow
wastes
new
jersey
remaining
landfill
sites
pp
stewart
delivered
opinion
brennan
white
marshall
blackmun
powell
stevens
joined
rehnquist
filed
dissenting
opinion
burger
joined
post
herbert
moore
argued
cause
appellants
briefs
arthur
meisel
stephen
skillman
assistant
attorney
general
new
jersey
argued
cause
appellees
brief
john
degnan
attorney
general
deborah
poritz
nathan
edelstein
deputy
attorneys
general
jefferson
davis
michael
hogan
filed
brief
board
chosen
freeholders
county
burlington
amicus
curiae
urging
affirmance
briefs
amici
curiae
filed
jeffrey
schwartz
american
public
health
assn
william
brashares
national
solid
wastes
management
assn
justice
stewart
delivered
opinion
new
jersey
law
prohibits
importation
solid
liquid
waste
originated
collected
outside
territorial
limits
state
case
required
decide
whether
statutory
prohibition
violates
commerce
clause
constitution
statutory
provision
question
ch
laws
took
effect
early
pertinent
part
provides
person
shall
bring
state
solid
liquid
waste
originated
collected
outside
territorial
limits
state
except
garbage
fed
swine
state
new
jersey
commissioner
state
department
environmental
protection
shall
determine
action
permitted
without
endangering
public
health
safety
welfare
promulgated
regulations
permitting
regulating
treatment
disposal
waste
state
stat
ann
west
supp
immediately
affected
developments
operators
private
landfills
new
jersey
several
cities
agreements
operators
waste
disposal
brought
suit
new
jersey
department
environmental
protection
state
attacking
statute
regulations
number
state
federal
grounds
oral
opinion
granting
plaintiffs
motion
summary
judgment
trial
declared
law
unconstitutional
discriminated
interstate
commerce
new
jersey
consolidated
case
another
reaching
conclusion
hackensack
meadowlands
development
municipal
sanitary
landfill
super
reversed
found
ch
advanced
vital
health
environmental
objectives
economic
discrimination
little
burden
upon
interstate
commerce
law
therefore
permissible
commerce
clause
constitution
also
found
congressional
intent
ch
enacting
solid
waste
disposal
act
stat
et
amended
resource
recovery
act
stat
plaintiffs
appealed
noting
probable
jurisdiction
hearing
oral
argument
remanded
reconsideration
appellants
preemption
claim
light
newly
enacted
resource
conservation
recovery
act
stat
new
jersey
found
federal
state
law
noted
probable
jurisdiction
agree
new
jersey
state
law
federal
legislation
dispositive
question
therefore
whether
law
constitutionally
permissible
light
commerce
clause
constitution
ii
addressed
merits
appellants
claim
new
jersey
questioned
whether
interstate
movement
wastes
banned
ch
commerce
within
meaning
commerce
clause
doubts
score
laid
rest
outset
state
expressed
view
may
two
definitions
commerce
constitutional
purposes
relied
support
exertion
federal
control
regulation
commerce
clause
permits
sweeping
concept
commerce
relied
strike
restrict
state
legislation
clause
term
commerce
much
confined
reach
ibid
state
reached
conclusion
attempt
reconcile
modern
commerce
clause
concepts
several
old
cases
holding
prohibit
importation
objects
legitimate
subjects
trade
commerce
bowman
chicago
northwestern
articles
include
items
account
existing
condition
bring
spread
disease
pestilence
death
rags
substances
infected
germs
yellow
fever
virus
cattle
meat
provisions
diseased
decayed
otherwise
condition
quality
unfit
human
use
consumption
ibid
see
also
baldwin
seelig
cases
cited
therein
state
found
ch
narrowed
state
regulations
see
supra
banned
wastes
put
effective
use
therefore
wastes
commerce
unless
mere
transportation
disposal
valueless
waste
constitutes
interstate
commerce
within
meaning
constitutional
provision
think
state
misread
cases
thus
erred
assuming
require
definition
commerce
saying
innately
harmful
articles
legitimate
subjects
trade
commerce
bowman
stating
conclusion
starting
point
reasoning
objects
interstate
trade
merit
commerce
clause
protection
none
excluded
definition
outset
bowman
similar
cases
held
simply
articles
worth
interstate
commerce
far
outweighed
dangers
inhering
movement
prohibit
transportation
across
state
lines
hence
reject
state
suggestion
banning
valueless
wastes
ch
implicates
constitutional
protection
congress
power
regulate
interstate
movement
wastes
free
constitutional
scrutiny
restrict
movement
cf
hughes
alexandria
scrap
meat
drivers
iii
although
constitution
gives
congress
power
regulate
commerce
among
many
subjects
potential
federal
regulation
power
inevitably
escape
congressional
attention
local
character
number
diversity
south
carolina
state
highway
dept
barnwell
absence
federal
legislation
subjects
open
control
long
act
within
restraints
imposed
commerce
clause
see
raymond
motor
transportation
rice
bounds
restraints
appear
nowhere
words
commerce
clause
emerged
gradually
decisions
giving
effect
basic
purpose
broad
purpose
well
expressed
justice
jackson
opinion
hood
sons
du
mond
principle
economic
unit
nation
alone
gamut
powers
necessary
control
economy
including
vital
power
erecting
customs
barriers
foreign
competition
corollary
separable
economic
units
said
baldwin
seelig
ultimate
principle
one
state
dealings
another
may
place
position
economic
isolation
statute
regulates
evenhandedly
effectuate
legitimate
local
public
interest
effects
interstate
commerce
incidental
upheld
unless
burden
imposed
commerce
clearly
excessive
relation
putative
local
benefits
legitimate
local
purpose
found
question
becomes
one
degree
extent
burden
tolerated
course
depend
nature
local
interest
involved
whether
promoted
well
lesser
impact
interstate
activities
crucial
inquiry
therefore
must
directed
determining
whether
ch
basically
protectionist
measure
whether
fairly
viewed
law
directed
legitimate
local
concerns
effects
upon
interstate
commerce
incidental
purpose
ch
set
statute
follows
legislature
finds
determines
volume
solid
liquid
waste
continues
rapidly
increase
treatment
disposal
wastes
continues
pose
even
greater
threat
quality
environment
new
jersey
available
appropriate
land
fill
sites
within
state
diminished
environment
continues
threatened
treatment
disposal
waste
originated
collected
outside
state
public
health
safety
welfare
require
treatment
disposal
within
state
wastes
generated
outside
state
prohibited
appellants
strenuously
contend
ch
outwardly
cloaked
currently
fashionable
garb
environmental
protection
actually
legislative
effort
suppress
competition
stabilize
cost
solid
waste
disposal
new
jersey
residents
cite
passages
legislative
history
suggesting
problem
addressed
ch
primarily
financial
stemming
flow
waste
certain
landfill
sites
extend
lives
thus
delaying
day
new
jersey
cities
must
transport
waste
distant
expensive
sites
appellees
hand
deny
ch
motivated
financial
concerns
economic
protectionism
words
brief
new
jersey
commercial
interests
stand
gain
advantage
competitors
outside
state
result
ban
dumping
waste
noting
new
jersey
landfill
operators
among
plaintiffs
appellee
brief
argues
complaint
new
jersey
forged
economic
preference
commercial
interests
rather
denied
small
group
entrepreneurs
economic
opportunity
traffic
waste
order
protect
health
safety
welfare
citizenry
large
dispute
ultimate
legislative
purpose
need
resolved
resolution
relevant
constitutional
issue
decided
case
contrary
evident
assumption
state
parties
evil
protectionism
reside
legislative
means
well
legislative
ends
thus
matter
whether
ultimate
aim
ch
reduce
waste
disposal
costs
new
jersey
residents
save
remaining
open
lands
pollution
assume
new
jersey
every
right
protect
residents
pocketbooks
well
environment
may
assumed
well
new
jersey
may
pursue
ends
slowing
flow
waste
state
remaining
landfills
even
though
interstate
commerce
may
incidentally
affected
whatever
new
jersey
ultimate
purpose
may
accomplished
discriminating
articles
commerce
coming
outside
state
unless
reason
apart
origin
treat
differently
face
plain
effect
ch
violates
principle
nondiscrimination
consistently
found
parochial
legislation
kind
constitutionally
invalid
whether
ultimate
aim
legislation
assure
steady
supply
milk
erecting
barriers
allegedly
ruinous
outside
competition
baldwin
seelig
create
jobs
keeping
industry
within
state
packing
haydel
johnson
haydel
toomer
witsell
preserve
state
financial
resources
depletion
fencing
indigent
immigrants
edwards
california
cases
presumably
legitimate
goal
sought
achieved
illegitimate
means
isolating
state
national
economy
also
relevant
decisions
holding
state
may
accord
inhabitants
preferred
right
access
consumers
natural
resources
located
within
borders
west
kansas
natural
gas
pennsylvania
west
virginia
cases
stand
basic
principle
state
without
power
prevent
privately
owned
articles
trade
shipped
sold
interstate
commerce
ground
required
satisfy
local
demands
needed
people
state
packing
haydel
supra
new
jersey
law
issue
case
falls
squarely
within
area
commerce
clause
puts
limits
state
regulation
face
imposes
commercial
interests
full
burden
conserving
state
remaining
landfill
space
true
previous
cases
scarce
natural
resource
article
commerce
whereas
scarce
resource
article
commerce
distinct
difference
without
consequence
instances
state
overtly
moved
slow
freeze
flow
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protectionist
reasons
matter
state
shut
article
commerce
inside
state
one
case
outside
state
crucial
attempt
one
state
isolate
problem
common
many
erecting
barrier
movement
interstate
trade
appellees
argue
laws
facially
discriminate
commerce
forbidden
protectionist
regulations
particular
point
quarantine
laws
repeatedly
upheld
even
though
appear
single
interstate
commerce
special
treatment
see
baldwin
seelig
supra
bowman
chicago
northwestern
appellees
view
ch
analogous
measures
since
reduces
exposure
new
jersey
residents
allegedly
harmful
effects
landfill
sites
true
certain
quarantine
laws
considered
forbidden
protectionist
measures
even
though
directed
commerce
see
asbell
kansas
reid
colorado
bowman
chicago
northwestern
supra
quarantine
laws
banned
importation
articles
diseased
livestock
required
destruction
soon
possible
movement
risked
contagion
evils
laws
thus
discriminate
interstate
commerce
simply
prevented
traffic
noxious
articles
whatever
origin
new
jersey
statute
quarantine
law
claim
movement
waste
new
jersey
endangers
health
waste
must
disposed
soon
close
point
generation
possible
harms
caused
waste
said
arise
disposal
landfill
sites
point
new
jersey
concedes
basis
distinguish
waste
domestic
waste
one
inherently
harmful
yet
new
jersey
banned
former
leaving
landfill
sites
open
latter
new
jersey
law
blocks
importation
waste
obvious
effort
saddle
outside
state
entire
burden
slowing
flow
refuse
new
jersey
remaining
landfill
sites
legislative
effort
clearly
impermissible
commerce
clause
constitution
today
cities
pennsylvania
new
york
find
expedient
necessary
send
waste
new
jersey
disposal
new
jersey
claims
right
close
borders
traffic
tomorrow
cities
new
jersey
may
find
expedient
necessary
send
waste
pennsylvania
new
york
disposal
might
claim
right
close
borders
commerce
clause
protect
new
jersey
future
protects
neighbors
efforts
one
state
isolate
stream
interstate
commerce
problem
shared
judgment
reversed
footnotes
effective
february
regulations
provided
follows
person
shall
bring
state
accept
disposal
state
solid
liquid
waste
originated
collected
outside
territorial
limits
state
section
shall
apply
garbage
fed
swine
state
new
jersey
separated
waste
material
including
newsprint
paper
glass
metals
free
putrescible
materials
mixed
solid
liquid
waste
intended
recycling
reclamation
facility
municipal
solid
waste
separated
processed
usable
secondary
materials
including
fuel
heat
resource
recovery
facility
provided
less
per
cent
facility
separated
processed
usable
secondary
materials
pesticides
hazardous
waste
chemical
waste
bulk
liquid
bulk
treated
processed
recovered
solid
waste
disposal
facility
registered
department
treatment
processing
recovery
disposal
lands
state
admin
code
supp
decision
new
jersey
disposed
appellants
commerce
clause
claims
remanded
case
trial
proceedings
claims
appellants
dismissed
prejudice
counts
complaint
final
judgment
appeal
surviving
provisions
solid
waste
disposal
act
stat
resource
discovery
act
stat
resource
conservation
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act
stat
codified
solid
waste
disposal
act
found
et
seq
review
federal
legislation
find
clear
manifest
purpose
congress
rice
santa
fe
elevator
entire
field
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management
transportation
either
express
statutory
command
see
jones
rath
packing
implicit
legislative
design
see
city
burbank
lockheed
air
terminal
contrary
congress
expressly
provided
collection
disposal
solid
wastes
continue
primarily
function
state
regional
local
agencies
similarly
ch
square
conflict
particular
provisions
federal
law
general
incompatibility
basic
federal
objectives
see
ray
atlantic
richfield
jones
rath
packing
supra
short
agree
new
jersey
ch
enforced
consistently
program
goals
respective
roles
intended
congress
enacted
federal
legislation
art
cl
express
opinion
new
jersey
power
consistent
commerce
clause
restrict
state
residents
access
resources
compare
douglas
seacoast
products
rehnquist
concurring
dissenting
toomer
witsell
new
jersey
power
spend
state
funds
solely
behalf
state
residents
businesses
compare
hughes
alexandria
scrap
stevens
concurring
brennan
dissenting
also
compare
south
carolina
state
highway
dept
barnwell
southern
pacific
arizona
ex
rel
sullivan
justice
rehnquist
chief
justice
joins
dissenting
growing
problem
nation
sanitary
treatment
disposal
solid
waste
many
years
solid
waste
incinerated
significant
environmental
problems
attendant
incineration
however
method
solid
waste
disposal
declined
use
many
localities
including
new
jersey
sanitary
landfills
replaced
incineration
principal
method
disposing
solid
waste
ch
laws
state
new
jersey
legislatively
recognized
unfortunate
fact
landfills
also
present
extremely
serious
health
safety
problems
first
new
jersey
virtually
sanitary
landfills
expected
produce
leachate
noxious
highly
polluted
liquid
seldom
visible
frequently
pollutes
ground
surface
waters
app
natural
decomposition
process
occurs
landfills
also
produces
large
quantities
methane
thereby
presents
significant
explosion
hazard
landfills
also
generate
health
hazards
caused
rodents
fires
scavenger
birds
needless
say
help
new
jersey
aesthetic
appearance
new
jersey
noise
water
air
pollution
problems
supp
app
health
safety
hazards
associated
landfills
present
appellees
currently
unsolvable
dilemma
hopefully
safer
methods
disposing
solid
wastes
still
development
stage
presently
used
appellees
obviously
completely
stop
tide
solid
waste
citizens
produce
interim
moment
therefore
appellees
must
continue
use
sanitary
landfills
dispose
new
jersey
solid
waste
despite
critical
environmental
problems
thereby
created
question
presented
case
whether
new
jersey
must
also
continue
receive
dispose
solid
waste
neighboring
even
though
inexorably
increase
health
problems
discussed
answers
question
affirmative
new
jersey
must
either
prohibit
landfill
operations
leaving
cast
presently
nonexistent
solution
serious
problem
disposing
waste
generated
within
borders
must
accept
waste
every
portion
thereby
multiplying
health
safety
problems
result
dealt
wastes
generated
within
state
past
precedents
establish
commerce
clause
present
appellees
hobson
choice
dissent
recognizes
ante
prohibit
importation
items
account
existing
condition
bring
spread
disease
pestilence
death
rags
substances
infected
germs
yellow
fever
virus
cattle
meat
provisions
diseased
decayed
otherwise
condition
quality
unfit
human
use
consumption
bowman
chicago
northwestern
see
baldwin
seelig
sligh
kirkwood
asbell
kansas
railroad
husen
points
quarantine
laws
considered
forbidden
protectionist
measures
even
though
directed
commerce
ante
emphasis
added
opinion
cases
dispositive
present
one
new
jersey
may
require
rags
diseased
meat
disposed
best
possible
within
state
time
prohibit
importation
items
disposal
facilities
set
within
new
jersey
disposal
material
generated
within
state
physical
fact
life
new
jersey
must
somehow
dispose
noxious
items
mean
must
serve
depository
every
state
similarly
new
jersey
free
past
precedents
prohibit
importation
solid
waste
health
safety
problems
waste
poses
citizens
fact
new
jersey
continues
indeed
must
continue
dispose
solid
waste
mean
new
jersey
may
prohibit
importation
even
solid
waste
state
simply
see
way
distinguish
solid
waste
record
case
germinfected
rags
diseased
meat
noxious
items
effort
distinguish
prior
cases
unconvincing
first
asserts
quarantine
laws
previously
upheld
banned
importation
articles
diseased
livestock
required
destruction
soon
possible
movement
risked
contagion
evils
ante
according
new
jersey
law
distinguishable
laws
invalid
concern
new
jersey
movement
solid
waste
present
inability
safely
dispose
reaches
destination
think
far
clear
state
law
limited
focus
imputes
solid
waste
health
hazard
reaches
destination
may
likelihood
equally
great
health
hazard
transit
even
correct
characterization
new
jersey
concerns
see
state
may
ban
importation
items
whose
movement
risks
contagion
ban
importation
items
although
may
transported
state
without
undue
hazard
simply
pile
ever
increasing
danger
public
health
safety
commerce
clause
drawn
view
validity
state
laws
turn
pointless
distinctions
second
implies
challenged
laws
must
invalidated
new
jersey
left
landfills
open
domestic
waste
notes
ante
repeatedly
upheld
quarantine
laws
even
though
appear
single
interstate
commerce
special
treatment
fact
new
jersey
left
landfill
sites
open
domestic
waste
course
mean
solid
waste
innately
harmful
mean
new
jersey
prohibits
importation
solid
waste
reasons
health
safety
population
new
jersey
must
sheer
necessity
treat
dispose
solid
waste
fashion
must
treat
new
jersey
cattle
suffering
disease
follow
new
jersey
must
commerce
clause
accept
solid
waste
diseased
cattle
outside
borders
thereby
exacerbate
problems
new
jersey
expressly
found
ch
passed
preserve
health
new
jersey
residents
keeping
exposure
solid
waste
landfill
areas
minimum
points
absolutely
evidence
contradict
finding
new
jersey
find
basis
distinguishing
laws
challenge
past
cases
upholding
state
laws
prohibit
importation
items
endanger
population
state
dissent
congress
specifically
recognized
substantial
dangers
environment
public
health
posed
current
methods
disposing
solid
waste
resource
conservation
recovery
act
stat
recognizes
ante
laws
challenge
enforced
consistently
program
goals
respective
roles
intended
congress
enacted
legislation
thus
federal
statutes
regulations
new
jersey
department
environmental
protection
except
ban
refuse
types
solid
waste
may
value
recycling
use
fuel
app
thus
ban
challenge
appear
strictly
limited
waste
disposed
sanitary
landfills
thereby
pose
health
safety
dangers
citizens
new
jersey