Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon
April 18, 2024
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon, 511 U.S. 93 (1994), is a United States Supreme Court decision focused on the aspect of state power and the interpretation of the Commerce Clause as a limitation on states' regulatory power. In this particular case, the Supreme Court considered whether the Oregon Department of Environmental Quality's alleged cost-based surcharge on the disposal of out-of-state waste violated the dormant commerce clause.[1]
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon
The Court voted 7–2 in favor of Oregon Waste Systems, holding that Oregon's surcharge was invalid under the negative commerce clause. This meant that the surcharge favored in-state economic interests over out-of-state counterparts. The surcharge was discriminatory to outside states because it imposed a fee three times greater than that imposed on in-state waste.[2]
In order for such a surcharge to be valid, it would have to be justified as compensatory, in that it makes out-of-state shippers pay their fair share of the disposal costs. This would have to be equivalent to a measurable standard that would be the same for in-state shipping. However, Oregon's surcharge of $2.25 for out-of-state waste compared with a surcharge of $0.85 on in-state waste was determined facially discriminatory. Citing a previous case, the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out-of-state waste.
^Stephens, Otis. American Constitutional Law Volume 1. Thomson Wadsworth. USA, 2003
^Supreme Court Collection. Cornell University Law School. Legal Information Institute
External linksedit
Text of Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon,511U.S. 93 (1994) is available from:FindlawJustiaLibrary of CongressOyez (oral argument audio)
April 18, 2024
oregon, waste, systems, department, environmental, quality, oregon, 1994, united, states, supreme, court, decision, focused, aspect, state, power, interpretation, commerce, clause, limitation, states, regulatory, power, this, particular, case, supreme, court, . Oregon Waste Systems Inc v Department of Environmental Quality of Oregon 511 U S 93 1994 is a United States Supreme Court decision focused on the aspect of state power and the interpretation of the Commerce Clause as a limitation on states regulatory power In this particular case the Supreme Court considered whether the Oregon Department of Environmental Quality s alleged cost based surcharge on the disposal of out of state waste violated the dormant commerce clause 1 Oregon Waste Systems Inc v Department of Environmental Quality of OregonSupreme Court of the United StatesArgued January 18 1994Decided April 4 1994Full case nameOregon Waste Systems Inc et al v Department of Environmental Quality of Oregon et al Citations511 U S 93 more 114 S Ct 1345 128 L Ed 2d 13Case historyPrior316 Ore 99 reversed and remanded HoldingOregon s surcharge was invalid under the dormant commerce clauseCourt membershipChief Justice William Rehnquist Associate Justices Harry Blackmun John P StevensSandra Day O Connor Antonin ScaliaAnthony Kennedy David SouterClarence Thomas Ruth Bader GinsburgCase opinionsMajorityThomas joined by Stevens O Connor Scalia Kennedy Souter GinsburgDissentRehnquist joined by BlackmunLaws appliedU S Const art I 8 cl 3 Commerce Clause Dormant Commerce Clause Contents 1 Opinion of the Court 2 See also 3 References 4 External linksOpinion of the Court editThe Court voted 7 2 in favor of Oregon Waste Systems holding that Oregon s surcharge was invalid under the negative commerce clause This meant that the surcharge favored in state economic interests over out of state counterparts The surcharge was discriminatory to outside states because it imposed a fee three times greater than that imposed on in state waste 2 In order for such a surcharge to be valid it would have to be justified as compensatory in that it makes out of state shippers pay their fair share of the disposal costs This would have to be equivalent to a measurable standard that would be the same for in state shipping However Oregon s surcharge of 2 25 for out of state waste compared with a surcharge of 0 85 on in state waste was determined facially discriminatory Citing a previous case the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out of state waste See also editCity of Philadelphia v New Jersey 437 U S 617 1978 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume List of United States Supreme Court cases volume 511 List of United States Supreme Court cases by the Rehnquist CourtReferences edit Stephens Otis American Constitutional Law Volume 1 Thomson Wadsworth USA 2003 Supreme Court Collection Cornell University Law School Legal Information InstituteExternal links editText of Oregon Waste Systems Inc v Department of Environmental Quality of Oregon 511 U S 93 1994 is available from Findlaw Justia Library of Congress Oyez oral argument audio Retrieved from https en wikipedia org w index php title Oregon Waste Systems Inc v Department of Environmental Quality of Oregon amp oldid 1175147974, wikipedia, wiki, book, books, library,
