OREGON WASTE SYSTEMS, INC.
v.
DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF OREGON et al.
United States Supreme Court.https://leagle.com/images/logo.png
Argued January 18, 1994.
Decided April 4, 1994.
Attorney(s) appearing for the Case
Andrew J. Pincus argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 93-70 were James E. Benedict and J. Laurence Cable. John DiLorenzo, Jr., filed briefs for petitioner in No. 93-108.
Thomas A. Balmer, Deputy Attorney General of Oregon, argued the cause for respondents in both cases. With him on the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Michael D. Reynolds, Assistant Solicitor General.†
Thomas, J., delivered the opinion of the Court, in which Stevens, O'Connor, Scalia, Kennedy, Souter, and Ginsburg, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Blackmun, J., joined, p. 108.
United States Supreme Court.
Justice Thomas, delivered the opinion of the Court.
Two Terms ago, in Chemical Waste Management, Inc. v. Hunt,504 U.S. 334 (1992), we held that the negative Commerce Clause prohibited Alabama from imposing a higher fee on the disposal in Alabama landfills of hazardous waste from other States than on the disposal of identical waste from Alabama. In reaching that conclusion, however, we left open the possibility that such...
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