Chemical Waste Management, Inc. v. Hunt

Chemical Waste Management, Inc. v. Hunt

Argued April 21, 1992
Decided June 1, 1992
Full case name Chemical Waste Management, Inc., petitioner v. Guy Hunt, Governor of Alabama et al., respondents
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 Hunt v. Chemical Waste Mgmt., Inc. 584 So.2d 1367 (Ala. 1991)
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; a fee on the importation of out-of-state waste constitutes a barrier to interstate trade. Supreme Court of Alabama reversed and case remanded with instructions.
Court membership
Chief Justice
William Rehnquist
Case opinions
Majority White, joined by Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas
Dissent Rehnquist
Laws applied
U.S. Const. Art. I § 8

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.

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.

Related cases

See also

References

  1. ↑ "FindLaw | Cases and Codes". Caselaw.lp.findlaw.com. Retrieved 2012-02-06.
  2. ↑ "FindLaw | Cases and Codes". Caselaw.lp.findlaw.com. Retrieved 2012-02-06.
  3. ↑ "FindLaw | Cases and Codes". Caselaw.lp.findlaw.com. Retrieved 2012-02-06.

Further reading

External links


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