FORT GRATIOT SANITARY LANDFILL, INC.
v.
MICHIGAN DEPARTMENT OF NATURAL RESOURCES et al.
United States Supreme Court.https://leagle.com/images/logo.png
Argued March 30, 1992.
Decided June 1, 1992.
Attorney(s) appearing for the Case
Harold B. Finn III argued the cause for petitioner. With him on the briefs were Donna Nelson Heller and David I. Albin.
Thomas L. Casey, Assistant Solicitor General of Michigan, argued the cause for respondents. With him on the brief for the state respondents were Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Thomas J. Emery and James E. Riley, Assistant Attorneys General. Lawrence R. Ternan, Margaret Battle Kiernan, and Robert J. Nickerson filed a brief for the county respondents.*
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, p. 368.
United States Supreme Court.
Justice Stevens, delivered the opinion of the Court.
In Philadelphia v. New Jersey,437 U.S. 617, 618 (1978), we held that a New Jersey law prohibiting the importation of most "`solid or liquid waste which originated or was collected outside the territorial limits of the State' " violated the Commerce Clause of the United States Constitution. In this case petitioner challenges...
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