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Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon
''Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon'', is a United States Supreme Court decision focused on the aspect of state power and the interpretation of the Commerce Clause as a limitation on states' regulatory power. In this particular case, the Supreme Court considered whether the Oregon Department of Environmental Quality's alleged cost-based surcharge on the disposal of out-of-state waste violated the dormant commerce clause.〔Stephens, Otis. ''American Constitutional Law Volume 1''. Thomson Wadsworth. USA, 2003〕
== Opinion of the Court ==
The Court voted 7–2 in favor of Oregon Waste Systems, holding that Oregon's surcharge was invalid under the negative commerce clause. This meant that the surcharge favored in-state economic interests over out-of-state counterparts. The surcharge was discriminatory to outside states because it imposed a fee three times greater than that imposed on in-state waste.〔Supreme Court Collection. Cornell University Law School. Legal Information Institute〕
In order for such a surcharge to be valid, it would have to be justified as compensatory, in that it makes out-of-state shippers pay their fair share of the disposal costs. This would have to be equivalent to a measurable standard that would be the same for in-state shipping. However, Oregon's surcharge of $2.25 for out-of-state waste compared with a surcharge of $0.85 on in-state waste was determined facially discriminatory. Citing a previous case, the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out-of-state waste.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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