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91-471.ZS
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1993-11-06
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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.