![]() ![]() This type of regulation is likely to be struck down under the dormant Commerce Clause, even if the state has a legitimate interest to support it, unless that interest is so strong that it outweighs the importance of facilitating the flow of interstate commerce. Once garbage is identified as commerce, New Jersey's interest in reserving space in its local landfills makes the law protectionist on its face. There are clear health issues that arise from bringing excess waste into the state from other states. The state police power permits it to protect the health and safety of its residents by limiting the amount of waste that could be placed in its landfills. Its rules must be based on criteria other than geographic origin, and this law hinges solely on the state from which similar products derive. However, the state supreme court reversed on the grounds that the state was furthering legitimate health and safety concerns in enacting the law.ĭespite the importance of protecting the health and safety of its residents, a state may not use that interest to justify discrimination against articles of commerce that come from other states. ![]() The lower court agreed and ruled that this created an undue burden on interstate commerce because it discriminated against waste products from other states. Private landfill owners in New Jersey argued that the state had acted unconstitutionally under the Dormant Commerce Clause doctrine in prohibiting the importation into New Jersey of solid or liquid waste that had originated in another state. ![]()
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