Chemical Waste Management, Inc. v. Hunt
Encyclopedia
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. 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.
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
law imposing a fee on out-of-state hazardous waste
Hazardous waste
A hazardous waste is waste that poses substantial or potential threats to public health or the environment. According to the U.S. environmental laws hazardous wastes fall into two major categories: characteristic wastes and listed wastes.Characteristic hazardous wastes are materials that are known...
being disposed of in-state violated the Dormant Commerce Clause
Dormant Commerce Clause
The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution...
. Justice White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
explained that "No state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
may attempt to isolate itself from a problem common to the several States by raising barriers to the free flow of interstate trade
Trade
Trade is the transfer of ownership of goods and services from one person or entity to another. Trade is sometimes loosely called commerce or financial transaction or barter. A network that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and...
," relying on Philadelphia v. New Jersey as precedent. The state law was found to discriminate against out-of-state commerce. Chief Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
dissented arguing that States may wish to avoid the risks to public health
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" . It is concerned with threats to health based on population health...
and environment
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
by regulating the disposal of hazardous waste.
See also
- Environmental dumpingEnvironmental dumpingEnvironmental dumping is the practice of transfrontier shipment of waste from one country to another. The goal is to take the waste to a country that has less strict environmental laws, or environmental laws that are not strictly enforced...
- 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