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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
-
- FORT GRATIOT SANITARY LANDFILL, INC. v.
- MICHIGAN DEPARTMENT OF NATURAL
- RESOURCES
- certiorari to the united states court of appeals for
- the sixth circuit
- No. 91-636. Argued March 30, 1992-Decided June 1, 1992
-
- The Waste Import Restrictions of Michigan's Solid Waste Management
- Act (SWMA) provide that solid waste generated in another county,
- state, or country cannot be accepted for disposal unless explicitly
- authorized in the receiving county's plan. After St. Clair County,
- whose plan does not include such authorization, denied petitioner
- company's 1989 application for authority to accept out-of-state waste
- at its landfill, petitioner filed this action seeking a judgment declar-
- ing the Waste Import Restrictions invalid under the Commerce
- Clause and enjoining their enforcement. The District Court dis-
- missed the complaint, and the Court of Appeals affirmed. The latter
- court found no facial discrimination against interstate commerce
- because the statute does not treat out-of-county waste from Michigan
- any differently than waste from other States. The court also ruled
- that there was no actual discrimination because petitioner had not
- alleged that all Michigan counties ban out-of-state waste.
- Held:The Waste Import Restrictions unambiguously discriminate
- against interstate commerce and are appropriately characterized as
- protectionist measures that cannot withstand Commerce Clause
- scrutiny. Pp.4-14.
- (a)Philadelphia v. New Jersey, 437 U.S. 617, 626-627, provides
- the proper analytical framework and controls here. Under the
- reasoning of that case, Michigan's Waste Import Restrictions clearly
- discriminate against interstate commerce, since they authorize each
- county to isolate itself from the national economy and, indeed, afford
- local waste producers complete protection from competition from out-
- of-state producers seeking to use local disposal areas unless a county
- acts affirmatively to authorize such use. Pp.4-7.
- (b)This case cannot be distinguished from Philadelphia v. New
- Jersey on the ground, asserted by respondents, that the Waste Import
- Restrictions treat waste from other Michigan counties no differently
- than waste from other States and thus do not discriminate against
- interstate commerce on their face or in effect. This Court's cases
- teach that a State (or one of its political subdivisions) may not avoid
- the Commerce Clause's strictures by curtailing the movement of
- articles of commerce through subdivisions of the State, rather than
- through the State itself. See, e. g., Brimmer v. Rebman, 138 U.S.
- 78, 82-83. Nor does the fact that the Michigan statute allows
- individual counties to accept solid waste from out of state qualify its
- discriminatory character. Pp.7-9.
- (c)Also rejected is respondents' argument that this case is different
- from Philadelphia v. New Jersey because the SWMA constitutes a
- comprehensive health and safety regulation rather than ``economic
- protectionism'' of the State's limited landfill capacity. Even assuming
- that other provisions of the SWMA could fairly be so characterized,
- the same assumption cannot be made with respect to the Waste
- Import Restrictions themselves. Because those provisions unambigu-
- ously discriminate against interstate commerce, the State bears the
- burden of proving that they further health and safety concerns that
- cannot be adequately served by nondiscriminatory alternatives.
- Respondents have not met this burden, since they have provided no
- valid health and safety reason for limiting the amount of waste that
- a landfill operator may accept from outside the State, but not the
- amount the operator may accept from inside the State. Pp.10-14.
- 931 F.2d 413, reversed.
-
- Stevens, J., delivered the opinion of the Court, in which White,
- O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined.
- Rehnquist, C. J., filed a dissenting opinion, in which Blackmun, J.,
- joined.
-