Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources et al. (504 U.S. 353)
U.S. Supreme Court · decided June 1, 1992 · Supreme Court Database (Spaeth)
- Citation
- 504 U.S. 353 · 112 S. Ct. 2019
- Decided
- June 1, 1992
- Term
- October Term 1991
- Vote
- 7–2
- Majority author
- Justice Stevens
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Justice Stevens delivered the opinion of the Court. In Philadelphia v. New Jersey, 437 U. S. 617, 618 (1978), we held that a New Jersey law prohibiting the importation of most “ ‘solid or liquid waste which originated or was collected outside the territorial limits of the State’” violated the Commerce Clause of the United States Constitution. In this case petitioner challenges a Michigan law that prohibits private landfill operators from accepting solid waste that originates outside the county in which their facilities are located. Adhering to our holding in the New Jersey case, we conclude that this Michigan statute is also unconstitutional. HH In 1978, Michigan enacted its Solid Waste Management Act (SWMA). That Act required every Michigan county to estimate the amount of solid waste that would be generated in the county in the next 20 years and to adopt a plan providing for its disposal at facilities that comply with state health standards. Mich. Comp. Laws § 299.425 (Supp. 1991). After holding public hearings and obtaining the necessary-approval of municipalities in the county, as well as the approval of the Director of the Michigan Department of Natural Resources, the County Board of Commissioners adopted a solid waste management plan for St. Clair County. In 1987, the Michigan Department of Natural Resources issued a permit to petitioner to operate a sanitary landfill…
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