The waste war: Oregon Waste Systems, Inc. v. Department of Environmental Quality

Article Abstract:

The US Supreme Court in Oregon Waste Systems v. Department of Environmental Quality invalidated a state law imposing a higher surcharge on the disposal of waste generated outside the state than waste generated inside it. The court should have upheld the Oregon law under the Pike balancing test as the law was not a discrimination against interstate commerce and served state interests. The surcharge sought to recover that portion of the state income tax which went for solid waste disposal. The case was another installment in a long-running controversy over whether states could restrict the disposal of solid waste generated outside their boundaries.

Cases, Refuse and refuse disposal, Waste disposal, Interstate commerce, Waste disposal sites

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Environmental law as a mirror of the future: civic values confronting market force dynamics in a time of counter-revolution

Article Abstract:

Environmental law has become a political battlefield between market forces and those who want civic values to play a part in practical economic affairs. Market forces gained the upper hand after the Nov 1994 midterm elections. Examples abound and the repeal of the 1990 Clean Air Act Amendments, the cutting back of Clean Water Act provisions and the drilling in the Arctic National Wildlife Refuge are just a few. Environmental law will, however, continue to be a way of integrating social values into government and continue to be resisted by the market forces it limits. This resistance must be countered by such services as public education.

Political aspects, Environmental law

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