''Chemical Waste Management, Inc. v. Hunt'', 504 U.S. 334 (1992), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

case that held that an

Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...

law imposing a fee (of $72 per ton) on out-of-state

hazardous waste Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is Toxicity, toxic, Chemical reaction, reacts violently with other chemicals, or is Corrosion, corrosive, ...

being disposed of in-state violated the

Dormant Commerce Clause The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The primary focus of the do ...

Opinion of the Court

The state law was found to discriminate against out-of-state commerce. Justice White explained that "No

state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

may attempt to isolate itself from a problem common to the several States by raising barriers to the free flow of interstate

trade Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. Traders generally negotiate through a medium of cr ...

," relying on '' Philadelphia v. New Jersey'' (1978) as precedent. The Court suggested two less-discriminatory alternatives to the fee on out-of-state hazardous waste: * A generally-applicable, additional fee per ton of ''all'' hazardous waste disposed of within Alabama, regardless of its source. * A per-mile tax on all vehicles transporting hazardous waste across Alabama roads.

Dissent

Chief Justice Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an Associate justice of the Supreme Cou ...

dissented arguing that States may wish to avoid the risks to

public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the de ...

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

's taxes.

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).

References

External links

* United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court 1992 in the environment 1992 in United States case law United States environmental case law {{SCOTUS-Rehnquist-stub

Opinion of the Court

Dissent

Related cases

See also

References

Further reading

External links