Issue.  Did New Jersey violate the Constitution when it passed a law that prevented the importation of most solid and liquid waste which originated or was collected outside of New Jersey?

Background.  In order to address the environmental impact of waste in the State, New Jersey passed a law which prohibited the importation of most waste that was created or collected outside of New Jersey.  A group of New Jersey landfill owners and cities in other states sued and claimed that the law was unconstitutional under the commerce clause.  The New Jersey Supreme Court agreed with the State and noted that the law was a valid exercise of the state to protect valid health and environmental issues.

The case was appealed to the United States Supreme Court, which overturned the New Jersey Supreme Court decision.

Court's Analysis.  The case involves what is commonly referred to as the "dormant commerce clause."  Since the Federal Government is granted the power to regulate interstate commerce, there is the issue as to whether States can also regulate interstate commerce when Congress has not acted.

While States can pass laws that may affect interstate commerce, they cannot pass protectionist measures.  For the Court, the question was whether this law was a protectionist measure or was it a law directed at legitimate local concerns that only have incidental effects on interstate commerce.  The Court found it to be the former.

Regardless of New Jersey's legitimate concerns, it cannot accomplish what it desires by discriminating against articles of commerce from other states unless there is a reason to discriminate apart for the waste's origin.  New Jersey's only reason to discriminate was because of the origin of the waste.  This is not permissible under the Constitution.

The Court rejected New Jersey's argument that this was akin to a quarantine measure since there is no danger to health if waste is not processed as soon as or as close to its point of generation as possible.  Nonetheless, the Court assured New Jersey that although it was forcing it to accept the waste of other states today, it would protect New Jersey's right to export its own waste in the future.

Afterword.  Does this case create a perverse inventive for states not to have waste disposal sites in their territory since other states will be forced to take it?  Would it be constitutional for a state to ban waste disposal sites in its own territory?  Could the federal government, under the commerce clause, force states to allow for waste disposal sites in their territory?