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Philadelphia v. New Jersey, 437 U.S. 617 (1978) p.271


dormant commerce clause


A New Jersey law prohibited the importation of most solid or liqid wast which originated or was collected outside the territorial limits of NJ.


Whether the state law is discriminatory. Whether the law is basically a protectionist measure, or whether it can be fairly viewed as a law directed to legitimate local concerns.


The test adopted is a blancing test.


Both on its face and in its plain effect, the law violates the principle of non-discrimination.


The crucial inquiry here must be directed to determining whether ch. 363 is basically an economic protectionist measure, and thus virtually per se invalid, or a law directed at legitimate local concerns that has only incidental effects on interstate commerce. A State may not attempt to isolate itself from a problem common to many by erecting a barrier against the movement of interstate trade, as ch. 363 seeks to do by imposing on out-of-state commercial interests the full burden of conserving New Jersey's remaining landfill space.


This case is similiar to NY v. US - it helps resolve this issue; they were going to let the state discriminate among other states (states following guidelines would allowed, while those that are not would not be). The Court said this was unconstitutional because the Federal Government may not commandeer the states.

Created on: Monday, October 18, 1999 at 15:45:24 (PDT)

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