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The Dormant Commerce Clause

The Dormant Commerce Clause & Waste Disposal

For an analysis of this issue, you might want to review the article by Professor Richard A. Epstein entitled "Waste and The Dormant Commerce Clause" as well as the response ("Waste and the Dormant Commerce Clause: A Reply") to that article by Professor Jonathan Adler, and Professor Epstein's "reprise" to Adler's criticism.

"The Dormant Commerce Clause doctrine in United States case law limits the power of states to legislate in connection with interstate commerce."

"The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is a doctrine of congressional power inferred by the U.S. Supreme Court from the actual Commerce Clause in Article I, § 8 of the Constitution. This article authorizes Congress to "regulate commerce among the states."

This clause is applied in the following court cases:

•  Philadelphia v. New Jersey,

• Chemical Waste Management v. Hunt;

• Oregon Waste Systems, Inc. v. Department of Environmental Quality

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