Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

—striking down, as violative of Commerce Clause, local ordinance requiring town transfer station to process all solid waste processed within town
- in Valley Disposal v. CVSWMD, 1994 and 80 similar citations
A discriminatory law "is valid only if the state `can demonstrate, under rigorous scrutiny, that it has no other means to advance a legitimate local interest.'"
The rationale of the dormant Commerce Clause with respect to discriminatory laws is to prohibit local economic protectionism.
- in Allocco Recycling, Ltd. v. Doherty, 2005 and 64 similar citations
—this Court struck down under the Commerce Clause a flow control ordinance that forced haulers to deliver waste to a particular private processing facility.
- in United Haulers Ass'n v. Oneida-Herkimer, 2007 and 76 similar citations
"The Commerce Clause presumes a national market free from local legislation that discriminates in favor of local interests."
"The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent."
—"or because it" imposes a burden on interstate commerce that is `clearly excessive in relation to the putative local benefits
- in PCFA v. County of Somerset, 1999 and 62 similar citations
The ordinance is no less discriminatory because in-state or in-town processors are also covered by the prohibition.
I, § 8, cl. 3. "We have interpreted the Commerce Clause to invalidate local laws that impose commercial barriers or discriminate against an article of commerce by reason of its origin or destination out of State."
- in AMERICAN BEVERAGE ASSOCIATION v. Snyder, 2013 and 77 similar citations
—after all, made a very similar argument to the effect that the waste processing facility deemed in that case to have been given a monopoly over local waste processing in derogation of the Commerce Clause was in actuality a municipal facility notwithstanding the fact that technically it was private.

Cited by

550 US 330 - Supreme Court 2007
261 F. 3d 245 - Court of Appeals, 2nd Circuit 2001
703 F. 3d 1230 - Court of Appeals, 11th Circuit 2012
Dist. Court, SD New York 2010
Discusses cited case at length[CITATION] UNITED HAULERS ASSN., INC. v. ONEIDA-HERKIMERSOLID WASTE MANAGEMENT AUTHORITY
Supreme Court 2007
434 F. 3d 898 - Court of Appeals, 6th Circuit 2006
175 F. 3d 178 - Court of Appeals, 1st Circuit 1999
48 F. 3d 701 - Court of Appeals, 3rd Circuit 1995