The Commerce Clause Quartet

18 Pages Posted: 24 May 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1995

Abstract

In 1994, the United States Supreme Court rendered four decisions in which state or local laws which discriminated against out-of-state commerce were found to violate the Commerce Clause. The Court invalidated: a New York town's “flow control” ordinance requiring all solid waste to be processed at a designated transfer station before leaving the municipality, C & A Carbone, Inc. v. Town of Clarkstown; an Oregon statute imposing higher surcharges on the disposal of solid waste from outside the state than within the state, Oregon Waste Systems v. Department of Environmental Quality; a Missouri use tax on goods purchased out-of-state, Associated Industries of Missouri v. Lohman; and a Massachusetts “give back” scheme that, while imposing an equal assessment on milk sold by in and out-of-state dealers to Massachusetts retailers, distributed the proceeds solely to Massachusetts dairy farmers, West Lynn Creamery, Inc. v. Healy.

With an introduction by the Honorable Leon D. Lazer, the author discusses and analyzes these four decisions in this Article. The discussion demonstrates that these decisions raise fundamental questions concerning the constitutional power of state and local government to devise polices for combating their environmental and fiscal problems.

Keywords: U.S. Supreme Court, Commerce Clause, state and local government, C & A Carbone, Inc. v. Town of Clarkstown, Oregon Waste Systems v. Department of Environmental Quality, Associated Industries of Missouri v. Lohman, West Lynn Creamery, Inc. v. Healy, environmental issues, government fiscal issues

Suggested Citation

Schwartz, Martin A., The Commerce Clause Quartet (1995). 11 Touro L. Rev. 323 (1995), Touro Law Center Legal Studies Research Paper Series, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2375225

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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