Labels:book | reckoner OCR: 30 11 CLARKSTOWN'S FLOW CONTROL ORDINANCE VIOLATES THE COMMERCE CLAUSE EVEN ITS EFFECT ON INTERSTATE COMMERCE REGARDED AS INCIDENTAL Because Local Law IS cleatly a protectionist statute that directly burdens interstate commerce is unneces- sary C cngage in the balancing that 15 appropriate for laws whose effect interstate commerce only inci- dental. Nevertheless even if Local Law were considered under that more lenient standard 4 still prnoa not pass muster The standard to be applied in balancing cases was summarized by the Cour Pike Bruce Chuch Inc. 397 U.S 137, 142 1970 Where the statute regulates even-handedly to cffectu- ate legitimate local public interest, and its effects on interstate commerce are only incidental, will be upheld unless the burden imposed to such com merce clearly ex ...
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