Question

In 2005, the state legislature of Illinois added the Semi-Solid Waste AcceptanceRegulations(SSWARs) to its State-Wide Semi-Solid Waste Administration Act(SSSSWAA.) These new laws prohibited privately owned landfills in the state from accepting semi-solid waste (e.g., certain types of garbages and rubbishes, sludges, sanitation residues, semisolids, and industrial wastes, etc.) from any source outside the county in which the landfill was located unless expressly permitted by the county.Point Arbors Landfill, Inc., a privately owned business located in Grace County in Illinois, submitted an application to the Grace County government to allow Point Arbors to accept up to 500 tons per day of out-of-state semi-solid waste. In the application, Point Arbors agreed to reserve enough capacity at their landfill to accept all semi-solid waste produced in the county for the next fifteen years. The county rejected the application. Point Arbors sued the county and the state in federal court, alleging that the SSWARsviolated the Commerce Clause of the U.S. Constitution and seeking an injunction against their enforcement.Point Arbors argues that forcing operators of private landfills to limit business to accepting local semi-solid waste discriminates against interstate commerce.Point Arbors also reminds the Court that state laws that discriminate against interstate commerce are unconstitutional unless the state can prove that such laws are justified by valid state interests, unrelated to economic protectionism, that cannot be achieved without such discrimination.The state of Illinois and Grace County argue that the SSWARs do not discriminate against interstate commerce because (1)the laws do not treat out-of-county semi-solids from Illinois any differently than waste from other states, and (2) some counties in Illinois still accept out-of-state semi-solid waste. The defendants further argue that the SSWARs are essential tothe public health and welfare because they enable individual counties to make adequate and comprehensive plans for the safe disposal of future waste, as required by SSSSWAA. The U.S. District Court in Illinois concluded that the SSWARs did not discriminate against interstate commerce and therefore did not violate the Commerce Clause. The U.S. Court of Appeals for the Seventh Circuit disagreed and overturned the District Court. The case is appealed to the U.S. Supreme Court and the Court agrees to hear it. What does the Commerce Clause require in this situation? Do Illinois’ Semi-Solid Waste Acceptance Regulations violate the Commerce Clause of the U.S. Constitution? Why or why not? Fully discuss how the Court would likely analyze this case

Answer 1

The commerce clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution which given power to congress to regulate trade and commerce with foreign countries and among states also. Commerce clause have goven power to both Congress and States to to enact regulations on commerce as each sees fit and State have states can regulate all commerce within their borders. I don't think so it violates commerce clause. The law enacted by State Legislature of Illionis have exclusive power to regulate the trade and issue in its boundary and it is not in conflict with any Federal law. The Court will analyse by going on precedent that how commere clause is debarring other states to do commere with State of Illionis according to this law and if found that the law is arbitrary and not in the exclusive jurisdiction of Illionis it can strike down the law else it will be enforced.