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 (of $72 per ton) 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.
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 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 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
External links