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for Local Government Law Bulletin Vol. Issue 42, Jul 1992
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Abstract:
This bulletin discusses two U.S. Supreme Court cases in which it strongly reaffirmed two major holdings of a 1978 decision: first, waste materials are articles of commerce within the scope of the Constitution's commerce clause; and second, a state or local government may not exclude waste generated in another state from privately owned disposal facilities by imposing restrictions or discriminatory taxes on out-of-unit waste.