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Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon

United States Supreme Court

511 U.S. 93 (1994)

Facts

The Department of Environmental Quality of the State of Oregon (defendant) implemented a $2.25-per-ton surcharge on the disposal of waste generated out of state. By contrast, the per-ton fee for the disposal of waste generated within the state was 85 cents. Oregon Waste Systems (plaintiff) challenged the surcharge as a violation of the dormant Commerce Clause, but the state courts upheld it. The United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Thomas, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Rehnquist, C.J.)

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