Oregon Waste Systems, Inc. v. Department Of Environmental Quality

511 U.S. 93 (1994)

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Nature of the Case

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Facts

Oregon (D) comprehensively regulates the disposal of solid wastes within its borders. The Oregon Legislature imposed an additional fee, called a 'surcharge,' on 'every person who disposes of solid waste generated out-of-state in a disposal site or regional disposal site.' The fee charged was to 'be based on the costs to D and its political subdivisions of disposing of solid waste generated out-of-state which are not otherwise paid for' under specified statutes. The fee on the in-state disposal of waste generated within Oregon is capped by statute at $0.85 per ton. The fee imposed on waste from other States included the $0.85 per ton fee to out-of-state waste, in addition to the $2.25 per ton surcharge. Thus, out-of-state solid waste currently are being charged $3.10 per ton, but they would get a $0.85 per ton rebate if the surcharge is upheld. P challenged the law. The Oregon Court of Appeals upheld the statutes and rule. The State Supreme Court affirmed. The court reasoned the Oregon surcharge is not facially discriminatory 'because of [its] express nexus to actual costs incurred [by state and local government].' The Supreme Court granted certiorari.