PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA; Generic Pharmaceutical Association; Biotechnology Industry Organization, Plaintiffs-Appellants,
v.
COUNTY OF ALAMEDA; Alameda County Department of Environmental Health, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Orry P. Korb , County Counsel, Danny Y. Chou , Assistant County Counsel, Greta S. Hansen , Lead Deputy County Counsel, Marlene M. Dehlinger , Litigation Fellow, Office of the County Counsel, County of Santa Clara, San Jose, CA, for Amici Curiae California State Association of Counties and League of California Cities.
Sarah C. Tallman , Natural Resources Defense Council, Chicago, IL; Nancy S. Marks , Natural Resources Defense Council, New York, NY, for Amicus Curiae Natural Resources Defense Council.
Before: N. RANDY SMITH and MORGAN CHRISTEN, Circuit Judges, and LAWRENCE L. PIERSOL, Senior District Judge.
United States Court of Appeals, Ninth Circuit.
OPINION
N.R. SMITH, Circuit Judge:
The Supreme Court "has adopted what amounts to a two-tiered approach to analyzing state economic regulation under the Commerce Clause." Brown-Forman Distillers Corp. v. N.Y. State Liquor Auth.,476 U.S. 573, 578-79, 106 S.Ct. 2080, 90 L.Ed.2d 552 (1986).
[1] When a state statute directly regulates or discriminates against interstate...
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