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National Solid Wastes Management Ass'n v. Voinovich

ELR Citation: 22 ELR 20666
Nos. No. 91-3466, 959 F.2d 590/34 ERC 1437/(6th Cir., 03/04/1992) Rev'd & remanded

The court holds that the district court improperly ruled on summary judgment that two Ohio statutes regulating the import of solid waste generated in other states for disposal in Ohio violates the Commerce Clause of the U.S. Constitution. The statutes establish higher fees for wastes generated outside Ohio and require that out-of-state generators and carriers consent to service before importing waste into Ohio. The court rules that a state's justification for regulating the influx of potentially hazardous waste and preserving its natural resources is a material issue of fact under the Commerce Clause. The court then holds that the district court erred in granting summary judgment for the plaintiffs without making a factual determination of whether Ohio had proved a compelling justification for its statutes. Ohio's showing in this case merits an evidentiary hearing at which Ohio will have the burden of proof to demonstrate a compelling local reason for its statutes and that no less restrictive means are available to achieve the same ends.

[The district court's decision is published at 21 ELR 21268.]

Counsel for Plaintiff-Appellee
Johnathan Abram
Hogan & Hartson
555 13th St. NW, Washington DC 20004
(202) 637-5681

Counsel for Defendants-Appellants
Paula T. Cotter
Attorney General's Office
30 E. Broad St., 25th Fl., Columbus OH 43266
(614) 466-2766

Before: MARTIN and SUHRHEINRICH, Circuit Judges; and HILLMAN, Senior District Judge.*