Chemical Waste Management, Inc. v. Hunt

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Chemical Waste Management, Inc. v. Hunt
Seal of the United States Supreme Court.svg
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
Case opinions
Majority White, joined by Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas
Dissent Rehnquist
Laws applied
Dormant Commerce Clause

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. 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 as precedent.

Final decision[edit]

The state law was found to discriminate against out-of-state commerce. 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.

Rehnquist continued on 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[edit]

  • White v. Massachusetts Council of Constr. Employers, Inc., 460 U.S. 204, 206 -208 (1983)[1]
  • Reeves, Inc. v. Stake, 447 U.S. 429, 436 -437 (1980)[2]
  • Hughes v. Alexandria Scrap Corp. 426 U.S. 794, 810 (1976)[3]

See also[edit]

References[edit]

  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[edit]

  • O'Leary, Rosemary (1997). "Trash Talk: The Supreme Court and the Interstate Transportation of Waste". Public Administration Review (American Society for Public Administration) 57 (4): 281–284. doi:10.2307/977308. JSTOR 977308. 

External links[edit]