Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Philadelphia v. New Jersey

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Constitutional Law Keyed to Sullivan

View this case and other resources at:
Bloomberg Law

Citation. 537 U.S. 1192; 123 S. Ct. 1281;154 L. Ed. 2d 1027; 2003 U.S.

Brief Fact Summary. A state law prohibiting the importation of out-of-state garbage and thus, commerce, into a state is held unconstitutional by the Supreme Court of the United States.

Synopsis of Rule of Law. A state may not attempt to isolate itself from a problem common to many other states by erecting a barrier against the movement of interstate trade. A protectionist state law is invalid if it facially discriminates against outsiders.


Facts. Operators of private landfills in New Jersey and other states challenged a New Jersey ban which prohibited importation of waste from outside the state. The state court held the ban unconstitutional because it discriminated against interstate commerce. The highest state court reversed holding that the law advanced health and environmental objectives without economic discrimination against interstate commerce.

Issue. Whether the New Jersey ban on importation of out-of-state waste violates the Commerce Clause.

Create New Group