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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- CHEMICAL WASTE MANAGEMENT, INC. v. HUNT,
- GOVERNOR OF ALABAMA, et al.
- certiorari to the supreme court of alabama
- No. 91-471. Argued April 21, 1991-Decided June 1, 1992
-
- Petitioner Chemical Waste Management, Inc., operates a commercial
- hazardous waste land disposal facility in Emelle, Alabama, that
- receives both in-state and out-of-state wastes. An Alabama Act
- imposes, inter alia, a fee on hazardous wastes disposed of at in-state
- commercial facilities, and an additional fee on hazardous wastes
- generated outside, but disposed of inside, the State. Petitioner filed
- suit in state court, requesting declaratory relief against respondent
- state officials and seeking to enjoin the Act's enforcement. The Trial
- Court declared, among other things, that the additional fee violated
- the Commerce Clause, finding that the only basis for the fee is the
- waste's origin. The State Supreme Court reversed, holding that the
- fee advanced legitimate local purposes that could not be adequately
- served by reasonable nondiscriminatory alternatives.
- Held:
- 1.Alabama's differential treatment of out-of-state waste violates
- the Commerce Clause. Pp.4-13.
- (a)No State may attempt to isolate itself from a problem com-
- mon to the several States by raising barriers to the free flow of
- interstate commerce. Philadelphia v. New Jersey, 437 U.S. 617;
- Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dept. of Natural
- Resources, post, p. ___. The State Act's additional fee facially dis-
- criminates against hazardous waste generated outside Alabama, and
- the Act has plainly discouraged the full operation of petitioner's
- facility. Such a burdensome tax imposed on interstate commerce
- alone is generally forbidden and is typically struck down without
- further inquiry. However, here the State argues that the additional
- fee serves legitimate local purposes. Pp.4-7.
- (b)Alabama has not met its burden of showing the unavailability
- of nondiscriminatory alternatives adequate to preserve the local
- interests at stake. See Hunt v. Washington Apple Advertising
- Comm'n, 432 U.S. 333, 353. Alabama's concern about the volume
- of waste entering the Emelle facility could be alleviated by less
- discriminatory means-such as applying an additional fee on all
- hazardous waste disposed of within Alabama, a per-mile tax on all
- vehicles transporting such waste across state roads, or an evenhand-
- ed cap on the total tonnage landfilled at Emelle-which would curtail
- volume from all sources. Additionally, any concern touching on
- environmental conservation and Alabama citizens' health and safety
- does not vary with the waste's point of origin, and the State has the
- power to monitor and regulate more closely the transportation and
- disposal of all hazardous waste within its borders. Even possible
- future financial and environmental risks to be borne by Alabama do
- not vary with the waste's State of origin in a way allowing foreign,
- but not local, waste to be burdened. Pp.7-11.
- (c)This Court's decisions regarding quarantine laws do not
- counsel a different conclusion. The additional fee may not legitimate-
- ly be deemed a quarantine law because Alabama permits both the
- generation and landfilling of hazardous waste within its borders and
- the importation of additional hazardous waste. Moreover, the
- quarantine laws upheld by this Court ``did not discriminate against
- interstate commerce as such, but simply prevented traffic in noxious
- articles, whatever their origin.'' Philadelphia v. New Jersey, supra,
- at 629. This Court's decision in Maine v. Taylor, 477 U.S. 131-up-
- holding a state ban on the importation of baitfish after Maine showed
- that such fish were subject to parasites foreign to in-state baitfish
- and that there were no less discriminatory means of protecting its
- natural resources-likewise offers no respite to Alabama, since here
- the hazardous waste is the same regardless of its point of origin and
- adequate means other than overt discrimination meet Alabama's
- concerns. Pp.11-13.
- 2.On remand the Alabama Supreme Court must consider the
- appropriate relief to petitioner. See, e. g., McKesson Corp. v. Florida
- Division of Alcoholic Beverages & Tobacco, 496 U.S. 18, 31. P.13.
- 584 So.2d 1367, reversed and remanded.
-
- White, J., delivered the opinion of the Court, in which Blackmun,
- Stevens, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ.,
- joined. Rehnquist, C. J., filed a dissenting opinion.
-