Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon
Encyclopedia
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon, is a United States Supreme Court decision focused on the aspect of state power and the interpretation of the Commerce Clause
as a limitation on states' regulatory power. In this particular case, the Supreme Court considered whether the Oregon Department of Environmental Quality
's alleged cost-based surcharge on the disposal of out-of-state waste violated the dormant commerce clause
.
In order for such a surcharge to be valid, it would have to be justified as compensatory, in that it makes out-of-state shippers pay their fair share of the disposal costs. This would have to be equivalent to a measurable standard that would be the same for in-state shipping. However, Oregon's surcharge of $2.25 for out-of-state waste compared with a surcharge of $0.85 on in-state waste was determined facially discriminatory. Citing a previous case, the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out-of-state waste.
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
as a limitation on states' regulatory power. In this particular case, the Supreme Court considered whether the Oregon Department of Environmental Quality
Oregon Department of Environmental Quality
The Oregon Department of Environmental Quality is the chief regulatory agency of the government of the U.S. state of Oregon responsible for protecting and enhancing the state's natural resources and managing sanitary and toxic waste disposal. The agency employs approximately 700 scientists,...
's alleged cost-based surcharge on the disposal of out-of-state waste 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...
.
Decision
The court voted 7–2 in favor of Oregon Waste Systems, Inc., stating that the state of Oregon's surcharge was invalid under the negative commerce clause. This meant that the surcharge favored in-state economic interests over out-of-state counterparts. The surcharge was discriminatory to outside states because it imposed a fee three times greater than that imposed on in-state waste.In order for such a surcharge to be valid, it would have to be justified as compensatory, in that it makes out-of-state shippers pay their fair share of the disposal costs. This would have to be equivalent to a measurable standard that would be the same for in-state shipping. However, Oregon's surcharge of $2.25 for out-of-state waste compared with a surcharge of $0.85 on in-state waste was determined facially discriminatory. Citing a previous case, the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out-of-state waste.
See also
- City of Philadelphia v. New JerseyCity of Philadelphia v. New JerseyCity of Philadelphia v. New Jersey, , was a case in which the Supreme Court of the United States held that states could not discriminate against another state's articles of commerce.-Court's Findings:...
, 437 U.S. 617 (1978) - List of United States Supreme Court cases
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- List of United States Supreme Court cases, volume 511
- List of United States Supreme Court cases by the Rehnquist Court