The Preemption of State Hazardous and Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More

Abstract

The first three parts of this Article summarize and critique each of these decisions. The Article describes the harmful impact of the Court's application of dormant Commerce Clause doctrine in cases involving state waste regulation. The final part of the Article surveys the options available for states wishing to limit in-state disposal of out-of-state waste.

Keywords

Exclusive & concurrent legislative powers, Hazardous waste sites, Waste management, Dormant commerce clause (Constitutional law)

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Michael P. Healy (University of Kentucky College of Law)

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