Philadelphia v. New Jersey 437 U.S. 617 (1978)

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PHILADELPHIA v. NEW JERSEY 437 U.S. 617 (1978)

In a 7–2 decision, the Supreme Court invalidated a New Jersey environmental protection law that prohibited the importation of solid waste originating or collected out of state. Justice potter stewart, writing for the majority, concluded that the law unduly burdened interstate commerce. The worthlessness of the regulated commodity did not exclude it from the operation of the commerce clause; nor was the law permissible because its goals were environmental rather than economic. New Jersey could not require other states to bear the whole burden of conservation of its landfill sites.

(See environmental regulation and the constitution.)

Dennis J. Mahoney

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Philadelphia v. New Jersey 437 U.S. 617 (1978)

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