Philadelphia v. New Jersey
Citation and Court
437 U.S. 617 (1978) — Supreme Court of the United States
Facts
New Jersey enacted a law prohibiting the importation of most solid or liquid waste that originated or was collected outside the state. Private landfill operators in New Jersey and several out-of-state cities — including Philadelphia — that had contracted with them challenged the law as an unconstitutional burden on interstate commerce.
Issue
Whether New Jersey’s law prohibiting the importation of out-of-state waste violates the Dormant Commerce Clause.
Holding
Yes. New Jersey’s waste import ban is facially discriminatory against out-of-state commerce and is therefore virtually per se invalid under the Dormant Commerce Clause. New Jersey may not protect its landfills from out-of-state waste while allowing in-state waste to fill them.
Rule / Doctrine
Facial discrimination against interstate commerce is subject to a virtually per se rule of invalidity. A state law that on its face treats in-state and out-of-state goods or waste differently — by burdening the latter to protect local economic or environmental interests — cannot be justified by the state’s desire to preserve its resources for its own citizens. That protectionist purpose is precisely what the Dormant Commerce Clause prohibits.
Significance
Philadelphia v. New Jersey is the foundational Dormant Commerce Clause case establishing that states cannot use environmental regulations as a pretext for economic protectionism. It generated the “garbage cases” line of doctrine and is taught as the clearest example of facial discrimination against interstate commerce.